IGST ITC Declared In GSTR-9 Can Be Set Off Against Tax Demand If Missed In Monthly GSTR-3B: Calcutta High Court

The Calcutta High Court has stated that IGST (Integrated Goods and Services Tax) ITC (Input Tax Credit) declared in GSTR-9 can be set off against tax demand if missed in the monthly GSTR-3B. Justice Om Narayan Rai bench observed that the appellate authority did not justify why the IGST ITC declared in GSTR-9 could not be set off against the tax demand. In this case,...

GST Authorities Cannot Act Against Transporter Of Goods When Genuine E-Way Bill Present: Allahabad High Court

The Allahabad High Court has held that under GST Act, the department cannot proceed against an assessee for transport of goods, if a genuine e-way bill is present along with the consignment. Justice Piyush Agarwal held that this would be especially impermissible if the validity of the e-way bill was not disputed by the authorities. “Once the goods in question is duly accompanying...

Designated Committee Must Adjust Pre-Deposits & Investigation Recoveries While Issuing Final Statement Under SVLDRS-3 Scheme: Bombay HC

The Bombay High Court has held that the Designated Committee under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) is mandatorily required to verify and consider pre-deposits and amounts recovered during investigation under Form SVLDRS-3 (final statement issued by the Designated Committee showing the exact amount payable by the taxpayer under the Scheme) A...

Punjab & Haryana High Court Directs CBDT To Issue Circular Extending ITR Due Date For Audit Cases To 30.11.2025 For A.Y. 2025-26

The Punjab and Haryana High Court has directed the CBDT (Central Board of Direct Taxes) to issue a circular extending the ITR (Income Tax Return) due date for audit cases to 30.11.2025 for the Assessment Year 2025-2026. Justices Lisa Gill and Meenakshi I. Mehta were addressing a petition filed by the assessee/petitioner seeking a direction to the Central Board of Direct Taxes to...

Income Tax Act | Mechanical 'Rubber-Stamp' Approval U/S 153D Vitiates Entire Search Assessment: Bombay High Court

The Bombay High Court has held that prior approval under Section 153D of the Income Tax Act is not a mere technical or procedural formality, and that mechanical, en masse sanction without application of mind vitiates the entire assessment under Section 153A. A Division Bench of Justice M.S. Sonak and Justice Advait M. Sethna, while deciding a batch of over 60 Income Tax Appeals filed...

LiveLawBiz: Business Law Daily Round-Up: November 28, 2025

IBC NSEL Gets NCLT Nod For ₹1,950-Crore Settlement With 5,682 Traders Affected In 2013 ScamUploading Debt Details On Information Utility Does Not Extend Limitation For CIRP: NCLATNCLAT Upholds Order Directing Satra Properties' Suspended Directors To Refund ₹91 Lakh For Clearing Cheques During MoratoriumIBC Does Not Override Statutory First Charge Under Gujarat VAT Act, Both Laws Operate...

No Service Tax On Income Received From Joint Venture: CESTAT Kolkata Sets Aside ₹5.72 Crore Demand

The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that an assessee's/partner's share of income from a joint venture is not consideration for any taxable service and therefore not liable to Service Tax. R. Muralidhar (Judicial Member) and K. Anpazhakan (Technical Member) observed that the activities undertaken by a partner/co-venturer for...

Cancellation Of GST Registration Announces Economic Death Of Business Entity; Reasoned Order Needed: Allahabad High Court

The Allahabad High Court has observed that the cancellation of GST registration of a business entity leads to it economic death and it is sine qua non that a reasoned order is passed by the authority for cancelling the registration of an assesee. The bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla observed: “We are equally mindful that the order of cancellation...

Income Tax Act | SBI Not 'Assessee In Default' U/S 201 For Not Deducting TDS While Obeying Court's Interim Order: Kerala High Court

The Kerala High Court has held that the State Bank of India (SBI) cannot be treated as an 'assessee in default' under Section 201 of the Income Tax Act for not deducting Tax Deducted at Source (TDS) on Leave Travel Concession (LTC) payments, as it was bound by an interim order which prohibited such deduction. Justices A. Muhamed Mustaque and Harisankar V. Menon examined whether the...

'Frivolous Cases Waste Judicial Time' : Supreme Court Raps Income Tax Dept For Filing SLP On Settled Issue

The Supreme Court on Friday pulled up the Income Tax Department for filing yet another Special Leave Petition (SLP) in a matter already settled by the Court, calling it a frivolous exercise that contributes to mounting pendency.A Bench of Justice BV Nagarathna and Justice R Mahadevan was hearing an SLP challenging a Karnataka High Court order on tax deduction at source (TDS) liability, an...

Tax Authorities Cannot Resurrect Repealed VAT Powers After GST Regime, Nor Retain Deposits Without Statutory Backing: Tripura High Court

The Tripura High Court has held that where show-cause notices imposing penalty under Section 77 of the Tripura Value Added Tax Act, 2004 (TVAT Act) were issued after delay of 9 years, long after the repeal of the TVAT Act after GST Regime, are arbitrary, illegal and vitiated by malafides. The Court further held that the State cannot retain the security deposit taken for VAT registration...

Delhi High Court Refuses To Condone 9-Month Delay By Assessee In Filing Revised Income Tax Return

The Delhi High Court has refused to condone a delay of 9-months by an assessee in filing his revised income tax return (ITR).A division bench of Justices V. Kameswar Rao and Vinod Kumar remarked,“Surely it should not take nine months to realize that initial ITR has some mistakes, which requires a revised return.”The Court was dealing with a plea against rejection of Petitioner's...