Team ALA Legal Archive

Guahati High Court quashed the Cancellation order due to its procedural deficiencies and lack of reasoning

Guahati HC: Sri Mohan Mech V. Union of India : 2025 (3) TMI 1335 Background: The petitioner M/s Sri Mohan Mech, had obtained GST registration under the Central Goods and Services Tax (CGST) Act, 2017. The Petitioner received a Show Cause Notice asking why his GST registration should not be cancelled due to the failure …

Rejection of application for nil withholding tax certificate. Hon’ble Delhi High Court found that the rejection lacked proper justification and directed the issuance of a nil withholding tax certificate while allowing the authorities to reassess the petitioner’s taxability independently.

Delhi HC: LUFTHANSA CARGO AG VERSUS ASSISTANT COMMISSIONER OF INCOME TAX & ORS. 2025 (4) TMI 89 Background: The case involves Lufthansa Cargo AG, a tax resident of Germany engaged in international cargo transportation, disputing the rejection of its application for nil withholding tax certificate under Section 195(3) of the Income Tax Act, 1961. The …

Income Tax Notice & Order issued in the name of a deceased person, Hon’ble Bombay HC set aside the reassessment notices and orders

Bombay HC: AMJAD AHMED SHAIKH VERSUS ITO:2025 (3) TMI 358 Background: The case concerns a dispute regarding the validity of income tax notices and assessment orders issued by the Department in the name of a deceased individual. The petitioner, Amjad Ahmed Shaikh, is the legal heir of Late Ahmed Gulamnabi Shaikh, who passed away on …

Sunset clause of area based exemption notification relevant only for the purpose of eligibility and not for claiming exemption

In a recent case, the Hon’ble CESTAT (Delhi) while allowing the Assessee to claim area-based excise duty exemption under Notification No. 50/2003-CE dated 10.06.2003 held that the sunset clause only relevant for the purpose of eligibility and not for claiming exemption. The Assessee is also allowed to add new products and plant or machinery during …

Extension of time limit in respect of all judicial or quasi judicial proceedings till 28.02.2022 by Hon’ble Apex Court

Dear All, This is to update you that the bench comprising of Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant passed the order on an application filed by the Supreme Court Advocates-on-Record Association (SCAORA) in the suo motu case In Re Cognizance for Extension of Limitation extending the period …

“Case update: Latest decision of Hon’ble Orissa High Court inter-alia on the issue of availing ITC on the basis of alleged fake invoices”

Greetings from GSTLawIndia.in, On 04.10.2021, a landmark ruling came to be delivered by Hon’ble Orissa High Court on the issue of input tax credits based on alleged bogus invoices. It is pertinent to note that the aforesaid issue of bogus invoices, has been a subject matter of heated debate and one which is plaguing the …

Supreme Court upholds validity of provisions of refund in cases of inverted duty structure laid under Rule 89(5) of the CGST Rules, 2017.

In landmark judgement of Union of India and Ors Vs VKC Footsteps India Pvt Ltd, the Hon’ble SC has upheld the validity of provisions of Rule 89(5), CGST Rules 2017 by setting aside the judgement of Hon’ble Gujrat High Court which held that Rule 89(5) of the CGST Rules, 2017 are ultra vires of the …

Madras High Court: GST liability on contribution collected by RWA’s taxable only in excess of Rs 7500/-

In a major relief to resident welfare association (RWA) members, the single judge bench of Justice Anita Sumanth has held that the goods and services tax (GST) is applicable only to monthly maintenance amount exceeding ₹7,500 only and not on the complete amount charged from members. The issue, submissions of the parties and High Court …