Madras HC: Delayed self-assessment tax payment is not ‘wilful evasion’ under IT Act S. 276C(2) if the tax is paid before prosecution. Mens rea is mandatory.
Bombay High Court directed the government to pay ₹71.31 lakh interest on IGST illegally collected on ocean freight, ruling that denial violated the principle of unjust enrichment.
Bombay HC clarified Section 276C(2), holding that mere failure to pay self-assessment tax is not willful evasion, quashing prosecution after tax was paid belatedly.
Delhi High Court sets aside GST demand order where SCN uploaded under “Additional Notices” tab, directs fresh reply & hearing; validity of extension notifications still pending.
Delhi High Court rules in PCIT v. Amadeus India that no Transfer Pricing adjustment is warranted for AMP expenses, citing no ‘international transaction.’ The Court reiterates the Finance Act 2022 amendment to Section 14A is prospective from AY 2022-23, not retrospective, dismissing the Revenue’s appeal for AY 2018-19.
Madras High Court granted an interim stay on all recovery proceedings initiated by the Income Tax Department against the reassessment order. The Court explicitly linked its decision and the case’s future to the Supreme Court’s forthcoming ruling in Hexaware Technologies, establishing a clear procedural precedent for similar reassessment writ petitions.
The Delhi High Court set aside a reassessment notice and the corresponding order under Section 148A(3) because its basis was the incorrect assessment year for a major transaction. The Court, in the interest of fairness, remanded the matter, directing the AO to provide a fresh hearing after the taxpayer files documents proving the transaction occurred in AY 2018-19, not the reopened AY 2019-20.
This decision reinforces the legal requirement that supervisory approval under Section 153D is a substantive safeguard, not an empty ritual. The High Court affirmed that granting blanket sanction to 246 assessments through a generic endorsement is equivalent to a mechanical approval that fails to satisfy legislative intent.
The Madhya Pradesh High Court set aside an Appellate Authority’s order by clarifying the calculation of the four-month limitation period for filing a GST appeal under Section 107 of the CGST Act, 2017. The judgment confirms that the first day is excluded, the period is calculated in ‘months’ (not days), and the corresponding date rule applies, validating an appeal filed on the last day of the extended grace period.
Jharkhand High Court dismisses bail in case of fraudulent availment and passing of fake GST Input Tax Credit, holding the offence as a serious crime affecting national economic health.
