Can GST Authorities Force a Taxpayer to Pay Alleged Liability During a Search? Gauhati High Court Says No Coercive Steps

The power of GST authorities to conduct search and investigation is an important enforcement mechanism under the Goods and Services Tax law. However, the exercise of such powers is required to remain within the statutory framework and prescribed departmental guidelines. …

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CBDT Circulars Are Not Binding on Courts: Supreme Court Clarifies Scope of Executive Instructions

The Supreme Court has reiterated an important principle of income tax law: CBDT circulars and administrative instructions may bind tax authorities, but they do not bind constitutional courts while interpreting the Income Tax Act. In Orient Crafts Limited v. Commissioner of Income …

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Delhi High Court Upholds GST Circular Allowing Common Adjudication of Composite SCNs Based on Highest Demand

The Delhi High Court has upheld the validity of the GST mechanism that permits common adjudication of composite Show Cause Notices (SCNs) involving multiple noticees falling under different jurisdictions. The Court has also upheld the criterion under which the officer having jurisdiction …

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Punjab & Haryana High Court Directs Liberal Approach in Condoning Income Tax Filing Delays

Punjab & Haryana High Court directs income tax authorities to adopt a liberal approach while considering genuine hardship in condoning delay in filing returns, particularly where CBDT circulars apply. Introduction The Punjab and Haryana High Court has reiterated that income …

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Allahabad High Court Directs SBI to Refund ₹19.90 Lakh Debited from Widow’s Fixed Deposit for Husband’s Loan

Allahabad High Court directs SBI to refund ₹19.90 lakh debited from a widow’s fixed deposit towards her deceased husband’s loan, along with interest and ₹1 lakh compensation. Introduction In an important ruling concerning banking law, recovery of loans and protection of …

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Supreme Court: Assessing Officer Cannot Reopen Final Income Tax Settlement Through Reassessment

The Supreme Court has clarified an important aspect of income tax reassessment proceedings by holding that an Assessing Officer (AO) cannot reopen matters that have already attained finality through an order of the Income Tax Settlement Commission (ITSC). In Assistant Commissioner …

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The Pre-Deposit Conundrum: How Courts are Shielding Taxpayers from Retrospective GST Penalty Rules

The landscape of Goods and Services Tax (GST) litigation in India underwent a tectonic shift following the enactment of the Finance Act. By introducing a mandatory 10% pre-deposit for penalty-only appeals, the legislature effectively plugged a long-standing loophole. Historically, the …

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Gujarat High Court Quashes GST Demand Against Environmental Entity, Holds Effluent Treatment Activities Exempt

The Gujarat High Court has delivered an important ruling on GST exemption for environmental protection activities, holding that services undertaken by an eligible charitable entity for treatment and management of industrial effluent can qualify for a Nil GST rate where the activities fall …

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Assessment Order Need Not Discuss Every Claim: Bombay High Court Holds Reopening on Same Issue Is Change of Opinion

The Bombay High Court has reaffirmed an important principle governing reassessment proceedings under the Income Tax Act: an assessment cannot ordinarily be reopened merely because the Assessing Officer later takes a different view on an issue that was already examined during …

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