Karnataka High Court rules that insufficiently stamped documents can be admitted in Section 138 cheque bounce cases without prior payment of stamp duty or penalty. The Karnataka High Court has delivered an important ruling concerning the admissibility of insufficiently stamped …
Rajasthan High Court rules that mere non-payment of GST cannot establish tax evasion under Section 74 of the CGST Act. Read the Jaipur Development Authority judgment. The Rajasthan High Court has held that mere non-payment of GST by a government …
Punjab & Haryana High Court rules that the Income Tax Department need not entertain belated SCN replies or personal hearing requests after the deadline under Section 144B. The High Court clarifies that taxpayers must respond to show-cause notices within the …
Jammu & Kashmir High Court restrains bank from deducting a retired guarantor’s pension to recover another person’s loan. Know the legal position and implications. A bank cannot automatically deduct pension money from a retired government employee’s pension account to recover …
GSTAT Thiruvananthapuram rules that a recipient cannot be penalised under Section 129(1) for the supplier’s failure to generate an e-invoice when a valid tax invoice and e-way bill accompany the goods. The GST Appellate Tribunal, Thiruvananthapuram, has ruled that a …
Karnataka High Court rules seized gold jewellery cannot be released before the Assessing Officer gives effect to CIT(A) and ITAT orders. Know the implications under Section 132B. The Karnataka High Court has clarified that gold, silver and diamond jewellery seized …
Madras High Court rules that legal heirs of a deceased guarantor are liable for loan dues only to the extent of the inherited estate, not personally for the entire debt. Introduction The liability of legal heirs for the outstanding debts …
GSTAT Bengaluru rules that ITC cannot be disallowed merely due to GSTR-2A and GSTR-3B mismatch. Invoice-wise verification is necessary before raising GST demand. Introduction In an important ruling concerning the availability of Input Tax Credit (ITC) under GST, the Goods …
Karnataka High Court rules that the date of an agreement to sell can determine property transfer for Section 54 capital gains exemption where possession is delivered before execution of the sale deed. The Karnataka High Court has reaffirmed that the …
Bombay High Court rules that GST appeal limitation under Section 107 CGST Act must be calculated in calendar months, not as a fixed 120 days. Introduction In an important ruling concerning the limitation period for filing GST appeals, the Bombay …
The Gauhati High Court has reiterated that GST authorities are bound by CBIC circulars and cannot initiate penalty proceedings under Section 122 of the CGST Act when such action is expressly prohibited by a binding departmental clarification. The ruling is …
Karnataka High Court rules that Assessing Officers cannot revisit DSIR-approved R&D expenditure under Section 35(2AB) of the Income Tax Act. Introduction In an important ruling concerning tax incentives for scientific research and development, the Karnataka High Court has held that …
Bombay High Court rules that GST paid under the wrong tax head can be transferred to the correct head and Section 74 cannot be invoked without evidence of tax evasion. Case Reference: DHR Holding India Private Limited v. Union of …
Madras High Court holds Indian Overseas Bank liable to repay ₹3 crore fixed deposits despite fraudulent loans obtained against FDRs without depositor authorisation. The Madras High Court has reaffirmed that a bank cannot avoid its repayment obligations merely by claiming …
Delhi High Court rules that retrospective GST registration cancellation does not prevent departmental audit under Section 65 of the CGST Act, including examination of earlier records. Introduction The cancellation of GST registration with retrospective effect does not automatically deprive the …
Bombay High Court quashes income tax assessment order passed without issuing a mandatory Draft Assessment Order under Section 144C, protecting taxpayers’ statutory rights. The Bombay High Court has reiterated that the Income Tax Department cannot bypass the mandatory procedure of …
The Supreme Court upholds the Bombay High Court ruling allowing Asset Reconstruction Companies (ARCs) to replace banks as complainants in pending cheque bounce cases under Section 138 of the Negotiable Instruments Act. Introduction In an important development concerning debt recovery …
Gujarat High Court rules that inclusion of penal charges and interest in a financial creditor’s claim does not oust NCLT jurisdiction under Section 7 of IBC. Introduction The Gujarat High Court has clarified that the inclusion of penal charges and …
Bombay High Court rules that the entire cost of a second flat cannot be added to taxable capital gains merely because Section 54F exemption is denied. Case Reference: Nilesh Ramesh Modi v. The Income Tax Officer, Ward 16(3)(1), Mumbai & …
The Gauhati High Court stayed GST penalty proceedings against an individual partner over alleged wrongful ITC claims of ₹16.21 crore by a partnership firm, raising important questions on partner liability under Section 122(1)(A) of the CGST Act. Case Reference: Shri …