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Section 143(1)(a) of the Income Tax Act, 1961 (the 1961 Act), cannot be invoked by the Assessing Officer (AO) to disallow a claim when the issue involved such as the deductibility of employees’ contributions to EPF/ESI under Section 36(1)(va) is pending consideration before the Supreme Court, as in Checkmate Services Pvt. Ltd. vs. CIT [(2023) […]
Claiming input tax credit under the Goods and Services Tax without the actual supply of goods or services from a non-existent firm falls within the ambit of Section 74 of the Central Goods and Services Tax Act, 2017, the Allahabad High Court has ruled. A writ petition was dismissed by the court contesting the Show […]
Uploading a show cause notice via the GST department is improper under the additional notices tab on its portal, as the taxpayer may miss the same, the Delhi High Court mentioned. The decision holding that uploading of notices under the heading ‘additional notices’ amounts to sufficient service comes towards a coordinate bench decision rendered in […]
The Madras High Court held that, according to Section 169 of the GST Act, service of notices and orders through the Common Web Portal is a valid mode of service. The claim that the GST portal is not specified as a “designated computer resource of the assessee” has been rejected by the bench. Therefore, under […]
Under the Central Goods and Services Tax Act (CGST Act 2017), the Kerala High Court has ruled that an appellate authority is required to consider the merits of an appeal even when there is no appearance on behalf of the appellant. It was mentioned by the court that the order is required to be passed […]
The Kerala High Court addressed an income tax appeal for the nature of an order passed by the Commissioner of Income Tax under section 263 of the Income Tax Act. The taxpayer, Malabar Institute of Medical Sciences Ltd., contested the Income Tax Appellate Tribunal’s (ITAT) decision, which had dismissed their appeal against a revised assessment […]
The Kerala GST Department has provided guidelines via instruction no.6/2025 for the Amnesty Scheme’s implementation under Section 128A of the KSGST Act, which addresses the exemption of interest, penalties, or both concerning demands made under Section 73 of the KGST Act for the fiscal years 2017–18, 2018–19, and 2019–20. To ease the GST Act about […]
A GST demand order issued against Kapton Alloys Private Limited has been set aside by the Gujarat High Court, citing a breach of the principles of natural justice. The court ruled that the adjudicating authority failed to provide a personal hearing, even after the taxpayer requested one. Under Articles 226 and 227 of the Constitution, […]
The writ petition has been dismissed by the High Court of Madras, contesting the Goods and Service Tax (GST) demand on non-taxable receipts, mentioning the availability of a statutory remedy. The applicant/taxpayer, Ragem Motors, contested the assessment order furnished via the respondent for the AY 2017-18 via the same writ petition. The Court addressed the […]
