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THAR SOLAR IRRIGATION vs. State of Rajasthan (Rajasthan HC): Relief on GST Registration Revocation and Delayed Appeals Under Sections 30 & 107
GST registration was cancelled and appeal was delayed by 216 days due to illness and financial hardship — Rajasthan High Court condoned the delay to prevent denial of remedy and directed appeal to be heard on merits.Is...
NIKHIL DEBNATH vs. Union of India (Tripura HC): Valid Service of GST Notices Under Section 169(1)(b) Must Satisfy Statutory Requirements
Order was merely uploaded on GST portal and Speed Post delivery was not proved — Tripura High Court held prima facie violation of Section 169(1)(b) and protected the Assessee.IssueWhether the order-in-original under th...
ULTRA DRUGS Pvt. Ltd. vs. Assistant Commissioner, CGST Division (Himachal Pradesh HC): Taxpayer’s Right to GST Appeal Protected Under Sections 107(1) and 112
Assessee challenged the appellate order directly before High Court despite GST Tribunal remedy being available; HP High Court declined writ interference but ordered refund of Court-deposited demand with interest.Issue:Wh...
Commissioner of Income Tax (Exemption) / Income Tax Department vs Public Charitable Trusts & Religious Trusts – Registration under Section 12AB of the Income-tax Act, 1961 Cannot Be Denied Solely for Absence of an Express Irrevocability Clause: Bombay High Court Ruling Challenged Before Supreme Court
Facts of the Case
The
Income Tax Department insisted that trust deeds of charitable and
religious trusts must contain an express irrevocability clause.
According
to the Department, such a clause is...
Commissioner of Income Tax vs Bharat Hotels Limited – Deduction of Interest on Borrowed Funds Invested in Subsidiary for Business Purpose under Section 36(1)(iii) of the Income-tax Act
Facts of the CaseThe assessee, Bharat Hotels Limited, was engaged in
the business of owning, operating, running, and managing hotels. The assessee
borrowed funds and utilized those funds for subscribing to the equity c...
GNB MEDICA LABS vs. Principal Commissioner, CGST Commissioner (Himachal Pradesh HC): Appellate Remedies Under Sections 107 & 112 Must Be Effectively Available to Taxpayers
Writ was filed when GST Tribunal was not functional; once Tribunal became operational, HP High Court directed Assessee to pursue appeal under Section 112.Issue:Whether the Assessee’s writ petition against the appellate...
KRM TYRES Partnership Firm vs. State of Punjab (P&H High Court): GST Registration Cancellation and Revocation Rights Under Sections 29, 30 & 39
GST registration was cancelled retrospectively for non-filing of returns without disclosing facts or reasons — Punjab & Haryana High Court set aside the notice, cancellation order and revocation rejection.Issue:Whe...
Commissioner of Income Tax v. Assessee (ITA No. 742/2008 & Connected Appeals) – Delhi High Court Dismisses Revenue Appeals Due to Low Tax Effect Below Prescribed Monetary Limit
Facts of the
CaseA batch of appeals, including ITA No. 742/2008, was
preferred by the Revenue under Section 260A of the Income-tax Act, 1961. During
the hearing, it was noted that the tax effect involved in each of th...
MARUTI ENTERPRISES vs. Principal Commissioner, Delhi GST (Delhi HC): Retrospective GST Registration Cancellation Requires Proper Hearing and Reasoned Order Under Section 29(2)(e)
GST registration was already voluntarily cancelled from 24.01.2025, yet Department proposed retrospective cancellation from original registration date — Delhi High Court directed fresh consideration with hearing and re...
Commissioner of Income Tax vs Various Assessees | Delhi High Court Dismisses Revenue Appeals Due to Low Tax Effect Below ₹4 Lakhs | ITA Nos. 74/2008, 285/2008, 312/2008, 510/2008, 512/2008, 637/2008, 976/2008, 1339/2008, 76/2009 & 849/2009
Facts of the
CaseThe Revenue had preferred multiple appeals before
the Delhi High Court challenging orders passed in favour of various assessees
under the Income-tax Act, 1961.At the time of hearing, the Court observe...