The Income Tax Appellate Tribunal has proposed a priority disposal mechanism for appeals filed up to and including 2022 in response to the increasing backlog of tax litigation. The initiative focuses on faster hearings, reduced delays, and coordinated efforts by all stakeholders to ensure expeditious resolution of long-pending appeals.
The Court declined to entertain the writ petition challenging a GST show cause notice and adjudication order, holding that the petitioner had an effective appellate remedy under Section 107 of the CGST Act.
The Court held that an Assessing Officer’s quasi-judicial decision cannot attract disciplinary action merely because another view was possible. Absence of mala fides or lack of integrity defeated the misconduct charge.
The Court held that cancellation of GST registration for procedural non-compliance should not permanently deprive a taxpayer of business operations when the defaults can be remedied through statutory compliance.
The Tribunal admitted lenders’ tax returns and bank statements and remanded the Section 68 issue for fresh examination. The matter was sent back for verification of identity, creditworthiness and genuineness.
The Tribunal held that property investment funded through documented foreign remittances from the assessee’s husband could not be treated as unexplained. Bank records and remittance confirmations established the complete source of funds.
ITAT Mumbai held that additions under Sections 68 and 69C could not be sustained where the Revenue relied only on generalized investigation findings. The Tribunal found no evidence linking the assessee to any accommodation entry arrangement and deleted both additions.
ITAT Mumbai held that the assessee had fully explained the source of investment through bank records showing direct payment by her father. The addition under Section 69 was deleted as unsupported by evidence.
ITAT Mumbai held that disallowance under Section 14A must be computed only with reference to investments that actually yielded exempt income. The Tribunal also deleted interest disallowance after finding that the assessee’s interest-free funds exceeded its investments.
The Supreme Court declined immediate intervention but expressly left open the challenge to the validity of Section 16(2) of the CGST Act. The key takeaway is that constitutional questions relating to denial of ITC due to supplier default remain unresolved.
