AI-curated court updates, legal developments, and practice-area insights for Indian legal professionals.
The Calcutta High Court has directed petitioners to manually file GST appeals due to a technical glitch in the GST portal and has condoned the delay stemming from this issue.
The ITAT Mumbai deemed the rectification valid under Section 154 following the issuance of Form 3CL by DSIR for eligible R&D deductions. This reinforces the importance of procedural adherence in tax rectification processes.
The ITAT ruled that the transfer of leasehold rights along with constructed property falls within the scope of Section 50C. This decision mandates fresh adjudication on reassessment validity.
The ITAT Delhi reduced the profit estimation for an entity that acted as a pass-through, emphasizing a more accurate assessment based on prior rulings. This decision ensures consistency in tax assessments.
The ITAT Amritsar ruled that a Directorate of Valuation (DVO) report alone cannot justify a tax addition under Section 69 without evidence of extra payment. This emphasizes the need for supporting documentation in valuation assessments.
The Rajasthan High Court ruled that a procedural lapse in filing Form 10-IC does not disqualify eligibility for the 22% corporate tax rate under Section 115BAA. This affirms the principle that compliance errors should not negate substantive rights.
The ITAT Delhi ruled that the holding period for long-term capital gains (LTCG) is determined from the date of full payment and transfer of possession, rather than the registration date. This reaffirms the treatment of capital assets.
Courts have affirmed that distinct aspects of a single transaction may be taxed separately, allowing for different taxation scenarios without legal conflict. This principle aids in multilayered tax legislation.
GSTN has mandated the filing of Annexure-B for certain GST refund claims, incorporating invoice-wise validation to improve compliance and clarity in the refund process.
The Gauhati High Court upheld that the bank guarantee for interim GST relief must equal the alleged short-paid tax amount but rejected the inclusion of penalties in that guarantee.
The Madhya Pradesh High Court dismissed a writ petition related to GST registration cancellation, affirming that an effective appeal remedy was available before the GST Tribunal.
The Orissa High Court declined to entertain a writ petition due to the availability of a statutory appellate remedy under Section 112 of the GST Act for classification disputes.
The Karnataka High Court remitted GST proceedings regarding duplicate adjudication orders for the same tax period, ordering fresh hearings on ITC mismatch issues.