Case Law

Landmark judgments from the Supreme Court, High Courts, ITAT and NCLT.

Case Law, GST Updates

Karnataka High Court: Consolidated GST Show Cause Notices Spanning Multiple Financial Years Are Permissible

Karnataka HC holds Sections 73/74 CGST Act notices are not financial-year specific, upholding consolidated multi-year SCNs and deepening a live split with Bombay, Kerala, Madras, AP and Himachal Pradesh High Courts.

Karnataka High Court: Consolidated GST Show Cause Notices Spanning Multiple Financial Years Are Permissible Read Post »

Case Law, GST Updates

Delhi High Court: Appellate “Lis” Under Section 107(6) Commences on the Show Cause Notice Date, Not the Adjudication Order

Delhi HC holds the Finance Act 2025’s 10% GST penalty pre-deposit under Section 107(6) doesn’t apply where the Show Cause Notice pre-dates the 1 Oct 2025 amendment — appellate rights are fixed on the SCN date, not the order date.

Delhi High Court: Appellate “Lis” Under Section 107(6) Commences on the Show Cause Notice Date, Not the Adjudication Order Read Post »

Case Law

ITAT Mumbai Denies Tax-Neutral Demerger: Why the Holding Company’s Shares Weren’t Enough

ITAT Mumbai denies ₹240+ crore in carried-forward losses in Sterling Holiday Resorts Ltd. v. DCIT, holding that a holding company’s shares cannot substitute for the resulting company’s own share issuance under Section 2(19AA) of the Income-tax Act.

ITAT Mumbai Denies Tax-Neutral Demerger: Why the Holding Company’s Shares Weren’t Enough Read Post »

Case Law

Bombay High Court: Interest Dispute Must Be Adjudicated by Speaking Order Before GST Garnishee Recovery

Bombay High Court holds that where a bona fide dispute exists over Section 50 interest computation, the department must first pass a speaking order before resorting to garnishee proceedings under Section 79 of the CGST Act. BVG India Ltd. v. Union of India.

Bombay High Court: Interest Dispute Must Be Adjudicated by Speaking Order Before GST Garnishee Recovery Read Post »

Case Law

Supreme Court Stays Fresh GST Show Cause Notice, Flags Jurisdictional Error in Parallel Proceedings

The Supreme Court has stayed a fresh Section 74 CGST show cause notice after finding it duplicated a demand already pending in statutory appeal — a reminder that parallel proceedings on the same tax demand raise a substantial jurisdictional question.

Supreme Court Stays Fresh GST Show Cause Notice, Flags Jurisdictional Error in Parallel Proceedings Read Post »

Income Tax case law: 271C TDS penalty distinction
Case Law, Income Tax

Income Tax Case Law Roundup: The 7-Day SCN Rule and the Section 271C TDS Penalty Distinction

Two rulings this week reshape how faceless assessment notices and TDS penalty proceedings should be handled: a mandatory 7-day SCN window, and a sharpened line between non-deduction and delayed deposit under Section 271C.

Income Tax Case Law Roundup: The 7-Day SCN Rule and the Section 271C TDS Penalty Distinction Read Post »

Alstom Transport ITC-02 GST case law illustration
Case Law, GST Updates

Alstom Transport: Why Partial ITC-02 Transfer on Amalgamation Fails — Supreme Court to Rule

The Gujarat High Court held that a transferor cannot split unutilised ITC between an ITC-02 transfer and a separate cash refund claim on amalgamation. The matter is now before the Supreme Court.

Alstom Transport: Why Partial ITC-02 Transfer on Amalgamation Fails — Supreme Court to Rule Read Post »

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