The Gujarat High Court upheld the constitutional validity of Section 16(2)(c) of the CGST Act, holding that ITC is unavailable if the supplier fails to deposit GST. The key takeaway is that bona fide purchasers remain subject to statutory ITC conditions despite having fulfilled their own obligations.
Supreme Court held that Input Tax Credit claims cannot be validated merely through invoices and cheque payments, requiring purchasers to prove genuine movement and delivery of goods.
The Tribunal held that the Indian entity was only a distributor and not a technology or content owner. It rejected the Revenue’s attempt to recharacterise the business and apply royalty-based valuation.
The article highlights that failure to serve proper notice under Rule 8 can invalidate proceedings. Adequate notice is a mandatory condition for fair hearing.
The law defines business broadly to include trade, commerce, and even single transactions. The key takeaway is that intent and nature of activity determine tax treatment.
Section 145(3) allows rejection of books if accounts are unreliable or standards are not followed. The key takeaway is that specific defects must be identified before invoking this power.
This article explains how AI tools may provide outdated tax advice under the new law. The key takeaway is that relying on unverified AI responses can lead to penalties.
The tribunal held that a gift deed alone cannot establish legitimacy under Section 68. It directed fresh scrutiny of the donor’s financial capacity.
Courts held that prior exemption claims under Sections 11 and 12 cannot justify denial of 80G approval. The key takeaway is that both benefits legally coexist.
The Supreme Court clarified that tax planning is valid only when backed by real commercial substance. It held that artificial structures without economic activity cannot claim treaty benefits.
