This court ruling reinforces the principle that penalties under GST must be based on clear evidence of tax evasion, not just procedural deviations like route changes. In a significant judgment, the Calcutta High Court has held that mere deviation from …
The court ruled that, cash purchases, if duly recorded in the books and supported by relevant documents, cannot be disallowed merely due to the mode of payment. In a significant tax ruling, the Delhi High Court has upheld the decision …
The taxation of alimony in India is a complex issue due to the absence of explicit provisions under the Income Tax Act. While lump sum alimony is generally tax-free, periodic alimony is taxable under “Income from Other Sources.” Alimony, also …
The Rajasthan High Court has ruled that an Assessing Officer (AO) cannot issue a reassessment notice under Section 148A of the Income Tax Act without mentioning the name of the bank where the alleged transactions took place. If the AO …
The Rajasthan Authority for Advance Rulings (AAR) has ruled that Input Tax Credit (ITC) is not available for goods and services used in the construction of a Tailing Dam as it is not considered part of the core business activity. …
The Karnataka High Court recently ruled that a writ petition challenging an intimation of tax ascertainment under Section 73(5) of the CGST/KGST Act, 2017, is premature if no Show Cause Notice (SCN) under Section 73(1) has been issued. The court …
The High Court referred to the Supreme Court’s ruling in Board of Control of Cricket in India v. Regional Director, Employees State Insurance Corp. (2022), which established that an establishment qualifies for ESI registration only if it systematically engages in …
Centre’s Power to Relax Conditions Under Rule 9C : Delhi High Court Ruling Discretionary power to relax Rule 9C conditions is limited and guided by specified factors. Courts will not interfere unless the decision is unreasonable or contrary to law. …
“Junior lawyers must learn the art of advocacy, proper drafting, and courtroom conduct. Training programs will equip them with these essential skills,” Justice Oka Said said. Justice Abhay Oka of the Supreme Court recently highlighted the importance of pro bono …
The Gauhati High Court allowed the petition, ruling that carbonated fruit drinks qualify as fruit beverages under Tariff Item 2202 99 20 and are taxable at 12% GST under Schedule-II of the CGST/IGST Rate Notification. The Gauhati High Court has …
The High Court set aside the impugned order, referring to the case of Riddhi Siddhi Enterprises vs. Commissioner of Goods and Services Tax (CGST), South Delhi & Anr. (2024). The Delhi High Court has ruled that an order cancelling a …
The Bench reiterated that the issue of proper notice is a factual matter requiring examination of evidence, which is beyond the scope of a writ petition under Article 226. The Kerala High Court has ruled that the question of ‘whether …
Interest is payable even if sufficient Input Tax Credit (ITC) was available at the time of supply. The relief under the Proviso to Section 50(1) applies only when outward supplies are declared within the same tax period. The Goods and …
Some CIT(A) rulings have supported the taxpayer’s interpretation that the 87A rebate should apply to total income, including capital gains. However, until a clear judicial or legislative resolution is established, the issue remains contentious. A major controversy has emerged surrounding …
The Delhi High Court ruled that the dues of a secured creditor take precedence over the tax dues owed to the Income Tax Department. In a significant ruling, the Delhi High Court has held that the Income Tax Department cannot …
The Court set aside the CESTAT order and restored the appeal to its original number. It directed that the appeal should now be heard on its merits without requiring any further pre-deposit. The Delhi High Court has ruled that an …
The High Court ruled that irrespective of whether the delay was caused by the assessee or the department, the assessee was entitled to interest at a rate of 6% per annum. In a significant ruling, the Gujarat High Court has …
The Gujarat High Court struck down Paragraph 2(2) of Circular No. 181/13/2022-GST, declaring it ultra vires Section 54 of the GST Act and inapplicable retrospectively. The Gujarat High Court has ruled in favor of Patanjali Foods Ltd., affirming its right …
The Court held that statutory rules supplement the Act rather than contradicting it. Since Form DRC-01 and DRC-07 include a designated section for the signature of the proper officer, the requirement becomes statutory. The Telangana High Court has ruled that …
The Delhi High Court has directed the NFAC to expedite the disposal of appeals to prevent prolonged delays. A roadmap has been drawn under the Central Action Plan 2024-25 to address the backlog efficiently. The Delhi High Court has expressed …