Stay informed with the latest in tax and compliance
Share this page:
Due Date
Form / Return
Department
Description
Days Left
20 Mar 2026
GSTR-5A
Feb, 26
GST
Summary of outward taxable supplies and tax payable by a person supplying OIDAR services
2d
20 Mar 2026
GSTR-3B
Feb, 26
GST
Summary of outward supplies, ITC claimed, and net tax payable for taxpayers with turnover more than...Summary of outward supplies, ITC claimed, and net tax payable for taxpayers with turnover more than Rs.5 crore in the last FY or have not chosen the QRMP scheme for the quarter of Jan - Mar, 26
2d
25 Mar 2026
PMT-06
Feb, 26
GST
PMT-06 is a challan used for making payment of tax, interest, late fee and penalty under the GST law...PMT-06 is a challan used for making payment of tax, interest, late fee and penalty under the GST law by taxpayers who have opted for the quarterly filing of GSTR-3B under the QRMP scheme
7d
30 Mar 2026
TDS Pay- 194-IA, 194-IB, 194M, 194S
Feb, 26
Income Tax
Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA, 19...Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA, 194-IB, 194M, 194S in the month of February, 2026
12d
31 Mar 2026
Form No. 3CEAD
FY 24-25
Income Tax
Report by a parent entity or an alternate reporting entity or any other constituent entity, resident...Report by a parent entity or an alternate reporting entity or any other constituent entity, resident in India, for the purposes of sub-section (2) or sub-section (4) of section 286 of the Income-tax Act, 1961 (assuming reporting accounting year is April 1, 2024 to March 31, 2025).
13d
31 Mar 2026
Equalisation Levy Deposit
Jan - Mar, 26
Income Tax
Collection and recovery of equalisation levy on e-commerce supply or services for the quarter ending...Collection and recovery of equalisation levy on e-commerce supply or services for the quarter ending March 31, 2026
13d
31 Mar 2026
Form 67
FY 24-25
Income Tax
Due date for claiming foreign tax credit, upload statement of foreign income offered for tax for the...Due date for claiming foreign tax credit, upload statement of foreign income offered for tax for the Previous Year 2024-25 and of foreign tax deducted or paid on such income in Form No. 67.
13d
31 Mar 2026
ITR-U
FY 21-22
Income Tax
Furnishing of an updated return of income for the Assessment Year 2022-23
13d
31 Mar 2026
Last date of completing Tax-saving investments
FY 25-26
Income Tax
Last date of completing Tax-saving investments for FY 25-26 is 31st March, 26. Deductions can be cla...Last date of completing Tax-saving investments for FY 25-26 is 31st March, 26. Deductions can be claimed under sections - 80C (maximum up to Rs 1.5 lakh in financial year), 80D (deduction on the medical policy premium paid), 80E (Interest paid on education loan), Investment in NPS u/s 80 CCD (1B) for additional deduction upto Rs.50,000 over and above Rs. 1.5 lakh, Other payments for deduction under chapter VI-A
13d
31 Mar 2026
CMP-02
FY 26-27
GST
Any taxpayer who is registered as normal tax payer under GST needs to file an application to opt for...Any taxpayer who is registered as normal tax payer under GST needs to file an application to opt for Composition Levy in Form GST-CMP-02 at GST Portal prior to the commencement of financial year for which the option to pay tax under the aforesaid section is exercised.
13d
31 Mar 2026
LUT Filing
FY 26-27
GST
LUT under GST is available for online filing for the year 2026-27.
This is required to be completed...LUT under GST is available for online filing for the year 2026-27.
This is required to be completed before 31st March, 26 or before supply for Exports and SEZ.. The previous LUT is valid upto 31st March, 26.
13d
31 Mar 2026
CSR-2
FY 25-26
MCA
Companies in India that report their corporate social responsibility expenditure must note that the...Companies in India that report their corporate social responsibility expenditure must note that the filing window for the CSR-2 return form for FY 2025-26
13d
31 Mar 2026
MSME Payment Rule
FY 25-26
Income Tax
As per section 43B(h) of income tax act any entity which is needed to pay for the purchase of goods...As per section 43B(h) of income tax act any entity which is needed to pay for the purchase of goods or services from any MSME unit should pay within 15 days of receipt of invoices (in case of no written agreement) and in case of written agreement the timeline specified in the agreement, provided that this period does not exceed 45 days from the date of acceptance or deemed acceptance of the goods or services.
13d
07 Apr 2026
TCS Payment
Mar, 26
Income Tax
Due date for deposit of Tax collected by an assessee other than an office of the Government for the...Due date for deposit of Tax collected by an assessee other than an office of the Government for the month of March, 2026
20d
10 Apr 2026
GSTR-7
Mar, 26
GST
Summary of Tax Deducted at Source (TDS) and deposited under GST
laws for the month of March, 2026
23d
Tax Update
Deadline Alert: TDS/TCS Corrections for FY 2019-20
Correction statements for TDS/TCS returns of FY 2019-20 (all quarters) can be filed only up to 31 March 2026 on the TRACES portal.
After this date, such corrections will become time-barred and will not be accepted.
Deductors should review past filings and complete any pending corrections beforCorrection statements for TDS/TCS returns of FY 2019-20 (all quarters) can be filed only up to 31 March 2026 on the TRACES portal.
After this date, such corrections will become time-barred and will not be accepted.
Deductors should review past filings and complete any pending corrections before the deadline to avoid loss of tax credit or mismatches in records.
INCOME TAX
Share:
Tax Update
MCA Issues Advisory on Company & LLP Name Reservation
The MCA has issued an advisory regarding name reservation during incorporation of companies and LLPs. Applicants are advised to ensure that proposed names strictly follow MCA guidelines and do not violate trademark or naming rules.
1. Check name availability carefully before applying
2. Avoid naThe MCA has issued an advisory regarding name reservation during incorporation of companies and LLPs. Applicants are advised to ensure that proposed names strictly follow MCA guidelines and do not violate trademark or naming rules.
1. Check name availability carefully before applying
2. Avoid names similar to existing companies or trademarks
3. Follow MCA naming guidelines to prevent rejection
4. Proper verification can speed up incorporation approval
COMPANY LAW
Share:
Tax Update
GST Advisory: Confirm Tax Liability Breakup in GSTR-3B Before Filing
GSTN has issued an advisory requiring taxpayers to confirm the Tax Liability Breakup, As Applicable tab while filing GSTR-3B from the February 2026 tax period onwards.
1. The GST portal will auto-populate liability related to previous tax periods based on GSTR-1 / GSTR-1A / IFF data.
2. TaxpayGSTN has issued an advisory requiring taxpayers to confirm the Tax Liability Breakup, As Applicable tab while filing GSTR-3B from the February 2026 tax period onwards.
1. The GST portal will auto-populate liability related to previous tax periods based on GSTR-1 / GSTR-1A / IFF data.
2. Taxpayers must open the tab and click SAVE after offsetting liability.
3. Only after confirmation can GSTR-3B be filed using EVC or DSC.
4. This step is currently required for all filings as an interim procedure.
GST
Share:
Tax Update
GST Advisory: Link DRC-03 Payments Before Filing Appeal
GSTN has clarified that payments made through Form GST DRC-03 during investigation are not automatically linked to any Demand ID in the GST system. As a result, while filing an appeal against a demand order, the portal may still ask for the mandatory pre-deposit even if the taxpayer has already paidGSTN has clarified that payments made through Form GST DRC-03 during investigation are not automatically linked to any Demand ID in the GST system. As a result, while filing an appeal against a demand order, the portal may still ask for the mandatory pre-deposit even if the taxpayer has already paid the amount earlier through DRC-03.
To ensure such payments are recognized, taxpayers must file Form GST DRC-03A and link the earlier DRC-03 payment with the relevant Demand ID. Once mapped, the amount will appear in the Electronic Liability Register and will be considered while calculating the required pre-deposit for filing an appeal.
GST
Share:
Tax Update
MCA Reorganises ROC Jurisdictions from 16 February 2026
The Ministry of Corporate Affairs (MCA) has reorganised the Regional Directors (RDs) and Registrars of Companies (ROCs) structure effective 16 February 2026 to improve administration and oversight.
1) New RD and ROC jurisdictions introduced
2) MCA portal temporarily unavailable during system resThe Ministry of Corporate Affairs (MCA) has reorganised the Regional Directors (RDs) and Registrars of Companies (ROCs) structure effective 16 February 2026 to improve administration and oversight.
1) New RD and ROC jurisdictions introduced
2) MCA portal temporarily unavailable during system restructuring
3) Jurisdiction of some companies may change
Businesses should verify the correct ROC jurisdiction before filing forms or documents to avoid errors in company filings.
COMPANY LAW
Share:
Tax Update
CBDT Amends Income Tax Rules to Include Crypto Assets
The government has updated the Income-tax Rules to bring crypto assets and digital currency transactions under stronger reporting requirements. This means certain financial institutions may now report crypto-related accounts and transactions to tax authorities.
1) Crypto assets included in reportThe government has updated the Income-tax Rules to bring crypto assets and digital currency transactions under stronger reporting requirements. This means certain financial institutions may now report crypto-related accounts and transactions to tax authorities.
1) Crypto assets included in reporting rules
2) Greater transparency in digital asset transactions
3) Part of efforts to improve tax compliance
If you deal in crypto assets, it is advisable to maintain proper records and stay compliant.
INCOME TAX
Share:
Tax Update
Income Tax Dept Detects Rs 408 Crore Suppression in Restaurant Sector
The Income Tax Department conducted a nationwide verification in the food & beverage sector and detected large-scale under-reporting of sales.
1) Analysis of 1.77 lakh restaurants using AI-based tools.
2) Survey conducted on 62 restaurants across 22 states.
3) Preliminary findings show Rs 4The Income Tax Department conducted a nationwide verification in the food & beverage sector and detected large-scale under-reporting of sales.
1) Analysis of 1.77 lakh restaurants using AI-based tools.
2) Survey conducted on 62 restaurants across 22 states.
3) Preliminary findings show Rs 408 crore suppression of sales.
4) Around 63,000 restaurants will receive emails under Section 139(8A) to update returns before 31 March 2026.
INCOME TAX
Share:
Tax Update
Last Opportunity Before Strict ROC Action
The Companies Compliance Facilitation Scheme, 2026 remains open from 15 April 2026 to 15 July 2026. After closure of the scheme, Registrars of Companies will initiate necessary action against companies that fail to regularize pending filings.
This creates a limited compliance window for defaultinThe Companies Compliance Facilitation Scheme, 2026 remains open from 15 April 2026 to 15 July 2026. After closure of the scheme, Registrars of Companies will initiate necessary action against companies that fail to regularize pending filings.
This creates a limited compliance window for defaulting entities. Chartered accountants and tax professionals should proactively identify non-compliant clients and ensure corrective filings before enforcement actions begin.
COMPANY LAW
Share:
Tax Update
Who Cannot Avail CCFS-2026?
The CCFS-2026 scheme is not available to companies where final strike-off action under Section 248 has already been initiated, companies dissolved pursuant to amalgamation, vanishing companies, or companies that have already applied for dormant status before the scheme.
Companies should verify thThe CCFS-2026 scheme is not available to companies where final strike-off action under Section 248 has already been initiated, companies dissolved pursuant to amalgamation, vanishing companies, or companies that have already applied for dormant status before the scheme.
Companies should verify their eligibility carefully before filing under this one-time compliance window to avoid rejection of forms and loss of scheme benefits.
COMPANY LAW
Share:
Tax Update
Penalty Immunity Window Under CCFS-2026
Under the Companies Compliance Facilitation Scheme, 2026, companies filing pending annual returns and financial statements before issuance of adjudication notice or within 30 days of such notice can get immunity from penalty proceedings under Sections 92 and 137.
However, immunity is not availablUnder the Companies Compliance Facilitation Scheme, 2026, companies filing pending annual returns and financial statements before issuance of adjudication notice or within 30 days of such notice can get immunity from penalty proceedings under Sections 92 and 137.
However, immunity is not available where adjudication orders are already passed. This provision offers critical relief to defaulting companies if timely action is taken within the scheme period.
The Ministry of Corporate Affairs has introduced the Companies Compliance Facilitation Scheme, 2026 (CCFS-2026) to provide a one-time opportunity for companies to complete pending annual filings at reduced additional fees.
Companies can file overdue returns by paying only 10% of additional fees. The Ministry of Corporate Affairs has introduced the Companies Compliance Facilitation Scheme, 2026 (CCFS-2026) to provide a one-time opportunity for companies to complete pending annual filings at reduced additional fees.
Companies can file overdue returns by paying only 10% of additional fees. The scheme also allows inactive companies to opt for dormant status at half fees or apply for strike-off at 25% fees.
The scheme is valid from 15 April 2026 to 15 July 2026.
COMPANY LAW
Share:
Tax Update
GSTN Introduces New IMS Tab to Track Rejected Notes for GSTR-3B
GSTN has rolled out a new IMS (Invoice Management System) tab to help taxpayers track rejected credit and debit notes relevant for GSTR-3B filing.
This feature improves transparency and ensures accurate ITC reporting. Taxpayers can now easily identify and reconcile rejected documents before filinGSTN has rolled out a new IMS (Invoice Management System) tab to help taxpayers track rejected credit and debit notes relevant for GSTR-3B filing.
This feature improves transparency and ensures accurate ITC reporting. Taxpayers can now easily identify and reconcile rejected documents before filing returns.
The update aims to reduce mismatches, prevent wrongful ITC claims, and strengthen compliance under GST return filing procedures.
GSTN has introduced an online facility enabling eligible active taxpayers registered under Rule 14A to opt out by filing Form GST REG-32 on the GST Portal.
Applicants must meet prescribed return-filing conditions and complete mandatory Aadhaar authentication of the Primary Authorised Signatory aGSTN has introduced an online facility enabling eligible active taxpayers registered under Rule 14A to opt out by filing Form GST REG-32 on the GST Portal.
Applicants must meet prescribed return-filing conditions and complete mandatory Aadhaar authentication of the Primary Authorised Signatory and one Promoter/Partner. Draft application and authentication must be completed within 15 days.
During processing, amendment and cancellation requests are restricted. Post approval, enhanced reporting obligations apply.
GST
Share:
Tax Update
AY 2026-27 ITR Filing to Continue Under Income-tax Act, 1961
Income-tax returns for Assessment Year 2026-27 will be filed under the existing Income-tax Act, 1961, and not under the new Income-tax Act, 2025.
Key points:
1) New Income-tax Act, 2025 will not apply for AY 2026-27 returns
2) Filing will continue under the old Act, 1961
3) ITR forms areIncome-tax returns for Assessment Year 2026-27 will be filed under the existing Income-tax Act, 1961, and not under the new Income-tax Act, 2025.
Key points:
1) New Income-tax Act, 2025 will not apply for AY 2026-27 returns
2) Filing will continue under the old Act, 1961
3) ITR forms are yet to be officially notified by CBDT
4) Filing utilities will be enabled only after notification.
INCOME TAX
Share:
Tax Update
MCA Portal Update: VPD Now Available During Business Hours
The MCA portal has extended the View Public Documents (VPD) service to regular business hours.
Users can now download all available public documents during the day itself, without waiting till after 6:30 PM.
This change will help professionals plan MCA-related work more efficiently.
COMPANY LAW
Share:
Tax Update
MCA Clarification: 7 Days Allowed for Payment
For FY 2024-25 Financial Statements and Annual Returns, the MCA fee waiver remains applicable if-
1) The DSC-affixed PDF is uploaded on or before 31 January 2026
2) Payment is made within 7 days from the date of upload of the DSC-affixed PDF
Key Point-
Payment can be completed after upload, For FY 2024-25 Financial Statements and Annual Returns, the MCA fee waiver remains applicable if-
1) The DSC-affixed PDF is uploaded on or before 31 January 2026
2) Payment is made within 7 days from the date of upload of the DSC-affixed PDF
Key Point-
Payment can be completed after upload, but the DSC-affixed PDF must be submitted within the waiver period.
COMPANY LAW
Share:
Tax Update
GSTN Enhances Interest Calculation and Auto-Population in GSTR-3B from January 2026
GSTN has issued an advisory announcing key enhancements in GSTR-3B effective from the January 2026 tax period.
Interest calculation in Table 5.1 will now factor in the minimum cash balance available in the Electronic Cash Ledger, aligning with Rule 88B.
The system-computed interest will be autGSTN has issued an advisory announcing key enhancements in GSTR-3B effective from the January 2026 tax period.
Interest calculation in Table 5.1 will now factor in the minimum cash balance available in the Electronic Cash Ledger, aligning with Rule 88B.
The system-computed interest will be auto-populated and non-editable downward. Additionally, the tax liability breakup table will be auto-filled, ITC cross-utilisation will be more flexible, and interest on delayed last GSTR-3B for cancelled taxpayers will be collected via GSTR-10.
GST
Share:
Tax Update
GSTN Issues Advisory on RSP-Based Valuation of Tobacco Goods from 1 Feb 2026
GSTN has issued an advisory clarifying the RSP-based valuation mechanism for notified tobacco goods, effective 1 February 2026.
The advisory explains how taxable value and GST liability must be computed where GST is included in the declared Retail Sale Price (RSP).
It also provides guidance onGSTN has issued an advisory clarifying the RSP-based valuation mechanism for notified tobacco goods, effective 1 February 2026.
The advisory explains how taxable value and GST liability must be computed where GST is included in the declared Retail Sale Price (RSP).
It also provides guidance on correct reporting of such supplies in e-Invoice, e-Way Bill, and GST returns including GSTR-1, GSTR-1A, and IFF, to ensure uniform compliance by taxpayers.
GST
Share:
Tax Update
GSTAT Allows Lenient Scrutiny of Appeals for Initial 6 Months
The GST Appellate Tribunal (GSTAT), Principal Bench, New Delhi, has directed all its benches to take a lenient view while scrutinising appeal documents during the initial phase of GSTAT portal usage.
For six months from the date of the order (20 January 2026), defects of form or minor procedural The GST Appellate Tribunal (GSTAT), Principal Bench, New Delhi, has directed all its benches to take a lenient view while scrutinising appeal documents during the initial phase of GSTAT portal usage.
For six months from the date of the order (20 January 2026), defects of form or minor procedural lapses should not be raised; only defects affecting the substance of the case may be pointed out.
It is also clarified that documents generated through the GSTN system need not be certified, though scanned copies of physical documents attached with appeals must be signed.
GST
Share:
Tax Update
MCA Updates Small Company Status in Master Data
Ministry of Corporate Affairs now shows Small Company status directly in MCA Master Data, simplifying compliance clarity for professionals.
This classification reflects whether a company qualifies under Section 2(85) of the Companies Act based on paid-up capital and turnover thresholds. Explicit Ministry of Corporate Affairs now shows Small Company status directly in MCA Master Data, simplifying compliance clarity for professionals.
This classification reflects whether a company qualifies under Section 2(85) of the Companies Act based on paid-up capital and turnover thresholds. Explicit system visibility reduces guesswork, supports correct statutory filings, and speeds compliance decisions.
Companies and advisors should verify reflected status against audited financials to avoid incorrect filings or compliance risk.
COMPANY LAW
Share:
Case Law
Private complaint barred for Sec 448 offence as it is covered under Sec 447; Companies Act proceedings quashed
PartiesYerram Vijay Kumar v. State of Telangana
CourtSUPREME COURT OF INDIA
CitationCRIMINAL APPEAL NO. 147 of 2026
The complainant filed a private complaint alleging that the accused fabricated company records, illegally convened an EOGM and uploaded false documents on the MCA portal, leading the Special Court to take cognizance u/s 448 and 451 of the Companies A...The complainant filed a private complaint alleging that the accused fabricated company records, illegally convened an EOGM and uploaded false documents on the MCA portal, leading the Special Court to take cognizance u/s 448 and 451 of the Companies Act, along with IPC offences.
The accused challenged the proceedings before the HC u/s 482 CrPC, arguing that offences u/s 448 are linked to fraud punishable u/s 447, and therefore cognizance could not be taken on a private complaint.
The HC refused to quash the proceedings, after which the accused approached the SC.
Decision
The SC held that Section 448 is intrinsically linked to Section 447 (fraud) and therefore falls within offences covered u/s 447, attracting the bar u/s 212(6) against cognizance on a private complaint.
Accordingly, cognisance taken by the Special Court for offences u/s 448 and 451 of the Companies Act was held invalid, and those proceedings were quashed.
The Court, however, allowed the IPC offences to continue and directed the transfer of the complaint to the competent criminal court for trial.
COMPANY LAW
Share:
Case Law
When appeal is pending before GSTAT, interim relief must be sought from Tribunal, not High Court
PartiesHongkong and Shanghai Banking Corporation Ltd. v. State of Maharashtra
CourtHIGH COURT OF BOMBAY
CitationWRIT PETITION (L) NO. 4698 OF 2026
An Order-in-Original confirmed GST liability against the assessee, and its first appeal was rejected by the Appellate Authority.
The assessee filed an appeal before the GST Appellate Tribunal (GSTAT), but meanwhile, the department issued demand inti...An Order-in-Original confirmed GST liability against the assessee, and its first appeal was rejected by the Appellate Authority.
The assessee filed an appeal before the GST Appellate Tribunal (GSTAT), but meanwhile, the department issued demand intimations and a recovery notice.
Instead of seeking interim relief from the Tribunal, the assessee filed a writ petition before the HC claiming GSTAT had no power to grant an interim stay.
Decision
The Bombay HC held that GSTAT possesses inherent and incidental powers to grant interim relief, including a stay of recovery during the pendency of an appeal.
Such power flows from the wide appellate jurisdiction u/s 111 and 113 of the CGST Act, even though there is no express provision for stay.
Since an effective alternative remedy existed before GSTAT, the assessee should approach the Tribunal for interim relief; the writ petition was therefore not entertained.
GST
Share:
Case Law
GST refund filed within two years cannot be denied based on later circular restricting applications
PartiesAdani Wilmer Ltd. v. Assistant Commissioner of State Tax
CourtHIGH COURT OF CALCUTTA
CitationWPA No. 27066 of 2024
The assessee, Adani Wilmer Ltd., filed an application in June 2023 for a refund of accumulated unutilised ITC for May 2021 arising from the inverted duty structure.
The proper officer rejected the refund, relying on CBIC Circular No. 181/13/2022-GST...The assessee, Adani Wilmer Ltd., filed an application in June 2023 for a refund of accumulated unutilised ITC for May 2021 arising from the inverted duty structure.
The proper officer rejected the refund, relying on CBIC Circular No. 181/13/2022-GST, which stated that restrictions would apply to refund applications filed on or after 18-07-2022.
The assessee contended that its right to claim a refund under CGST Act, 2017 had already accrued and could not be curtailed retrospectively by a circular.
Decision
The Calcutta HC held that the relevant date for refund was 20-06-2021 (due date of return), and the application filed in June 2023 was within the two-year limit u/s 54(1).
The Court ruled that an executive circular cannot retrospectively restrict a statutory right to claim a refund once it has accrued.
The rejection orders were set aside, and the authority was directed to reconsider the refund claim on the merits without applying the circular.
GST
Share:
Case Law
Input Service Distributor must distribute only eligible ITC, not merely invoice-based tax.
PartiesReliance Jio Infocomm Ltd. v. Union of India
CourtHIGH COURT OF MADRAS
CitationWP Nos. 27038 and 28371 of 2025 WMP Nos. 30334 & 30336 of 2025 and others
The assessee, acting as an ISD, received common service invoices and distributed ITC to its various GST-registered units across India.
The department issued SCNs alleging delayed distribution of ITC, stating that under Rule 39(1)(a) of the CGST Rule...The assessee, acting as an ISD, received common service invoices and distributed ITC to its various GST-registered units across India.
The department issued SCNs alleging delayed distribution of ITC, stating that under Rule 39(1)(a) of the CGST Rules, ITC available in a month must be distributed in the same month in which the invoice was received.
The assessee argued that ITC can be distributed only after satisfying conditions u/s 16(2) of the CGST Act (such as receipt of service, supplier reporting, tax payment, and filing of return), and therefore, distribution cannot be mandated merely on invoice issuance.
Decision
The Court held that ISD is required to distribute ITC and not merely the tax shown in the invoice, and such credit arises only after the conditions u/s 16(2) are fulfilled.
Rule 39(1)(a) must be interpreted to mean that the ITC available for distribution in a month refers to the ITC that has become eligible after fulfilling Section 16 conditions, not simply upon receipt of an invoice.
Accordingly, allegations of delayed distribution must be examined in light of this interpretation, and the SCNs must be adjudicated considering that the distribution obligation arises only when ITC becomes legally available.
GST
Share:
Case Law
Cancellation of GST Registration Without Application of Mind Held Unsustainable
PartiesS.K.Tripathi v. State of U.P.
CourtHIGH COURT OF ALLAHABAD
CitationWRIT TAX No. 1112 of 2025
The jurisdictional authority cancelled the assessees GST registration u/s 29(2)(d) by order dated 03.07.2024 without providing reasons or granting a personal hearing.
The assessees appeal against the cancellation was dismissed by the appellate autho...The jurisdictional authority cancelled the assessees GST registration u/s 29(2)(d) by order dated 03.07.2024 without providing reasons or granting a personal hearing.
The assessees appeal against the cancellation was dismissed by the appellate authority on 22.08.2025 as being filed beyond the prescribed limitation period.
The assessee filed a writ petition before the Allahabad HC, contending that the cancellation order was a non-speaking order passed without application of mind and in violation of principles of natural justice.
Decision
The HC held that the cancellation order contained no reasons and showed no application of mind, making it arbitrary and violative of Article 14 of the Constitution.
Consequently, the cancellation order and the appellate order dismissing the appeal were quashed.
The Court directed the assessee to file a reply to the SCN within three weeks, and the authority to pass a fresh order after providing an opportunity of hearing.
GST
Share:
Case Law
Penalty under section 122(1A) cannot be imposed on company employees without proof of benefit or role in transaction
PartiesAmit Manilal Haria v. Joint Commissioner, CGST & Central Excise
CourtHIGH COURT OF BOMBAY
CitationWRIT PETITION NO. 5001 OF 2025
The petitioners, who were the Joint Managing Director, CEO, and CFO of Shemaroo Entertainment Ltd., were accused of involvement in fake invoicing, and wrongful availment, and passing of ITC by the company.
The department issued SCNs dated 2-8-2024 p...The petitioners, who were the Joint Managing Director, CEO, and CFO of Shemaroo Entertainment Ltd., were accused of involvement in fake invoicing, and wrongful availment, and passing of ITC by the company.
The department issued SCNs dated 2-8-2024 proposing penalties u/s 122(1A) of the CGST Act for the period 2017–18 to 2021–22.
By order dated 1-2-2025, the adjudicating authority imposed a penalty of Rs. 133.60 crore each on the petitioners, which was challenged before the Bombay HC.
Decision
The Court held that Section 122(1A) can apply only when a person retains the benefit of the transaction, and the transaction is conducted at his instance, which was not established against the petitioners.
Since the petitioners were employees and not taxable persons, a penalty u/s 122(1A) could not be imposed on them.
As Section 122(1A) came into force from 1-1-2021, applying it to acts prior to that date violated Article 20(1) of the Constitution, and the penalty orders were quashed.
GST
Share:
Case Law
Section 68 Addition on Share Capital Deleted as Investors Were Traceable and Creditworthy with Proper Documentary Evidence
PartiesPrincipal Commissioner of Income-tax 1 Kolkata v. Shipra Enclave (P.) Ltd.
CourtHIGH COURT OF CALCUTTA
CitationITAT 94 OF 2025 IA NO. GA 2 OF 2025
The assessee-company, an NBFC, raised Rs. 6.22 crore as share capital and premium from 15 corporate entities and submitted PAN, ITR acknowledgments, audited financials, and bank details of subscribers.
The AO treated the investors as shell entities...The assessee-company, an NBFC, raised Rs. 6.22 crore as share capital and premium from 15 corporate entities and submitted PAN, ITR acknowledgments, audited financials, and bank details of subscribers.
The AO treated the investors as shell entities because their directors did not appear in response to summons u/s 131.
Though the subscribers were active taxpayers and confirmed transactions u/s 133(6), the AO added the amount under section 68; the Tribunal deleted the addition.
Decision
The assessee discharged its burden u/s 68 by proving identity, creditworthiness, and genuineness through strong documentary evidence.
Non-appearance of directors cannot override verified records; suspicion cannot substitute evidence.
No substantial question of law arose; the Tribunals order deleting Rs. 6.22 crore was upheld and Revenues appeal was dismissed.
INCOME TAX
Share:
Case Law
Reassessment Valid Where Only Information and Not Entire Material Supplied Under Section 148A
PartiesMHJ Metaltechs (P.) Ltd v. Income-tax Officer
CourtHIGH COURT OF DELHI
CitationW.P.(C) No. 880 of 2026 CM APPL. No. 4297 & 6774 of 2026
The assessee was issued notice u/s 148A(b) for AY 2020-21 based on the Investigation Wing inputs alleging bogus purchases of Rs. 46 lakhs and fictitious sales of Rs. 89.86 crores.
The assessee contended that the notice was invalid as the AO did not...The assessee was issued notice u/s 148A(b) for AY 2020-21 based on the Investigation Wing inputs alleging bogus purchases of Rs. 46 lakhs and fictitious sales of Rs. 89.86 crores.
The assessee contended that the notice was invalid as the AO did not supply the underlying material and complete particulars, including correct counterparty names.
Though an earlier order u/s 148A(d) was quashed, the original 148A(b) notice remained, and the assessee challenged the continuing reassessment proceedings.
Decision
Section 148A mandates the supply of information suggesting escapement of income, not copies of the entire material relied upon.
Mention of transaction amounts and the nature of alleged bogus transactions was sufficient compliance at the 148A stage.
No jurisdictional error was found; the reassessment notice and proceedings were upheld in favour of the Revenue.
INCOME TAX
Share:
Case Law
GST Assessment Quashed for Failure to Ensure Effective Service and Personal Hearing Despite Portal Upload
PartiesCmkr Ganesan and Bros v. Deputy Commissioner (CT)GST, Madurai
CourtHIGH COURT OF MADRAS
CitationW.P.(MD)No. 2645 of 2026 W.M.P(MD)Nos. 2223 & 2228 of 2026
The department served the SCN and all reminders only by uploading them on the GST portal; no physical copy or alternative mode of service was attempted.
The assessee claimed a lack of awareness of such portal uploads and did not file any reply.
An...The department served the SCN and all reminders only by uploading them on the GST portal; no physical copy or alternative mode of service was attempted.
The assessee claimed a lack of awareness of such portal uploads and did not file any reply.
An ex parte assessment order was passed without granting a personal hearing; the subsequent statutory appeal was rejected on limitation grounds.
Decision
Though portal upload is a valid mode of service u/s 169, in the absence of a response, the officer should have explored other statutory modes (preferably RPAD) to ensure effective service.
Passing an ex parte order without a personal hearing amounted to a violation of principles of natural justice; both assessment and appeal rejection orders were unsustainable.
The matter was remanded for fresh adjudication, subject to payment of 25% of the disputed tax, with direction to provide an effective personal hearing.
GST
Share:
Case Law
Mere absence of PAN and address details, without statutory mandate or cogent material, cannot justify reassessment
PartiesZazsons Exports (P.) Ltd. v. Assistant Commissioner of Income-tax
CourtHIGH COURT OF ALLAHABAD
CitationWRIT TAX No. 813 of 2024
The assessee-company, engaged in the manufacture and export of leather goods, was assessed u/s 143(3); later, an audit objection alleged that sundry creditors of Rs. 28.96 crore were not established due to the absence of PAN and address details.
Tho...The assessee-company, engaged in the manufacture and export of leather goods, was assessed u/s 143(3); later, an audit objection alleged that sundry creditors of Rs. 28.96 crore were not established due to the absence of PAN and address details.
Though the AO initially disagreed with the audit objection, he subsequently issued notice u/s 148A(b) and passed an order u/s 148A(d), initiating reassessment u/s 148.
The assessee contended that cash purchases of hides and skins were legally permissible u/s 40A read with Rule 6DD, and names along with mandi details of sellers were duly recorded in its books.
Decision
The Court held that since the law permitted cash purchases and did not mandate maintaining PAN or address details, the mere absence of such particulars could not establish the non-genuineness of creditors.
Reassessment cannot be initiated merely on suspicion or solely on the basis of an audit objection without any cogent or objective material indicating escapement of income.
As no valid jurisdictional foundation existed, the reassessment proceedings were quashed, and the writ petition was allowed in favour of the assessee.
INCOME TAX
Share:
Case Law
Appellate Authority Cannot Introduce New Grounds Beyond SCN Without Granting Opportunity of Hearing Under the GST Law
PartiesParag Vinimay (P.) Ltd. v. Assistant Commissioner, State Tax, Bureau of Investigation, South Bengal
CourtHIGH COURT OF CALCUTTA
CitationWPA No. 4901 of 2025
Parag Vinimay (P.) Ltd. was issued an SCN alleging excess availment of ITC solely because its supplier had not filed GSTR-3B returns for August to October 2019.
During adjudication, the supplier filed returns for August and September 2019, leading t...Parag Vinimay (P.) Ltd. was issued an SCN alleging excess availment of ITC solely because its supplier had not filed GSTR-3B returns for August to October 2019.
During adjudication, the supplier filed returns for August and September 2019, leading to partial relief, but the demand for October 2019 was confirmed as the return was still pending at that stage.
While the appeal u/s 107 was pending, the supplier also filed the October 2019 return; however, the appellate authority dismissed the appeal on new grounds relating to the genuineness of transactions and receipt of goods, which were not part of the original SCN.
Decision
The HC of Calcutta held that the appellate authority could not travel beyond the grounds mentioned in the SCN.
If the appellate authority intended to confirm the demand on new grounds, it was mandatory to grant the petitioner a proper opportunity of hearing to rebut those grounds.
Since no such opportunity was given, the appellate order was set aside, and the matter was remanded for fresh decision after affording due hearing.
GST
Share:
Case Law
GST Section 74 Notice Quashed for Clubbing Multiple Financial Years Contrary to Year Wise Assessment.
PartiesSpeedways Logistics (P.) Ltd. v. Union of India
CourtHIGH COURT OF BOMBAY
CitationWRIT PETITION NO. 7419 OF 2025
The SCN dated 24-09-2025 was issued u/s 74 of the CGST Act to the petitioner covering the consolidated period April 2019 to March 2023, alleging suppression of taxable value, short payment of tax, and wrongful availment of ITC.
The petitioner challe...The SCN dated 24-09-2025 was issued u/s 74 of the CGST Act to the petitioner covering the consolidated period April 2019 to March 2023, alleging suppression of taxable value, short payment of tax, and wrongful availment of ITC.
The petitioner challenged the notice on the ground that multiple financial years were impermissibly clubbed in a single notice, contrary to the GST statutory scheme.
Reliance was placed on earlier Bombay HC rulings in Milroc Good Earth Developers v. Union of India and Rite Water Solutions (India) Ltd. v. Joint Commissioner, CGST & Central Excise, which held that assessment and limitation under GST operate year-wise.
Decision
The Court held that under the GST framework, each financial year constitutes a separate tax period, and the limitation u/s 73 and 74 runs independently for each year.
A composite SCN covering multiple years distorts limitation, jurisdiction, and the taxpayers right to respond year-wise, and is therefore not permissible.
The impugned show cause notice was quashed and set aside, with liberty granted to the department to issue fresh notices strictly in accordance with Section 74.
GST
Share:
Case Law
Reassessment cannot be reopened on the same examined material merely due to an audit objection
PartiesSapphire Foods India Ltd. v. Assistant Commissioner of Income-tax (OSD)
CourtHIGH COURT OF DELHI
CitationW.P.(C) No. 6159 of 2023 CM APPL. No. 24241 of 2023
The assessee filed a return for AY 2016-17, and the assessment was completed u/s 143(3) after scrutiny, wherein details of Rs. 8.90 crore (MD payment) and Rs. 90.81 lakh (consultancy payment) were specifically called for and furnished.
In March 2023...The assessee filed a return for AY 2016-17, and the assessment was completed u/s 143(3) after scrutiny, wherein details of Rs. 8.90 crore (MD payment) and Rs. 90.81 lakh (consultancy payment) were specifically called for and furnished.
In March 2023, a notice u/s 148A(b) was issued based on Audit Party objections alleging incorrect allowance of expenses aggregating Rs. 9.81 crore.
After dropping the share premium issue, the AO passed an order u/s 148A(d) and issued notice u/s 148 dated 31-03-2023, beyond four years from the end of the relevant AY.
Decision
Reopening based solely on audit objections, when the AO had already examined the same material during scrutiny, amounts to an impermissible change of opinion.
Since the assessee had fully and truly disclosed all material facts, the extended limitation was not available to the Revenue.
The notice dated 31-03-2023 and consequential reassessment proceedings were held to be barred by limitation and quashed.
INCOME TAX
Share:
Case Law
Declaration of return as invalid under section 139(9) constitutes a revisable order under section 264
PartiesRaj Rayon Industries Ltd. v. Principal Commissioner of Income-tax
CourtHIGH COURT OF BOMBAY
CitationWRIT PETITION NO. 1904 OF 2025
The assessee filed its return for AY 2022–23, declaring a loss of Rs. 45.47 crores, after which CPC issued notice u/s 139(9) treating the return as defective for non-audit u/s 44AB.
The assessee replied that its turnover was below Rs. 10 crores an...The assessee filed its return for AY 2022–23, declaring a loss of Rs. 45.47 crores, after which CPC issued notice u/s 139(9) treating the return as defective for non-audit u/s 44AB.
The assessee replied that its turnover was below Rs. 10 crores and audit was not required, but CPC nevertheless declared the return invalid through an unreasoned order.
The assessee filed a revision u/s 264, which the Commissioner dismissed, holding that a declaration u/s 139(9) was not an order revisable u/s 264.
Decision
The Court held that a declaration u/s 139(9) declaring a return invalid is an order since it amounts to an authoritative direction.
Such an order is revisable u/s 264, and the Commissioner erred in holding otherwise.
The impugned order was quashed, and the revision application was restored for fresh consideration after granting proper hearing.
INCOME TAX
Share:
Case Law
Ocean Freight IGST Refund to Be Credited to Consumer Welfare Fund When Tax Burden Passed On
PartiesUnion of India v. Torrent Power Ltd.
CourtSUPREME COURT OF INDIA
CitationSLP Appeal (C) No. 13084 OF 2025
Torrent Power Ltd., engaged in power, paid IGST on ocean freight under reverse charge for imports made on CIF basis; the levy was later declared unconstitutional in Union of India v. Mohit Minerals Private Limited.
The company sought a refund of Rs....Torrent Power Ltd., engaged in power, paid IGST on ocean freight under reverse charge for imports made on CIF basis; the levy was later declared unconstitutional in Union of India v. Mohit Minerals Private Limited.
The company sought a refund of Rs. 19.28 crore, but authorities rejected the claim on the grounds of unjust enrichment, as the tax burden had been passed on to consumers through tariff determination.
The Gujarat HC allowed the refund and permitted the company to deposit the amount in a separate account for adjustment through tariff reduction under the supervision of the Gujarat Electricity Regulatory Commission.
Decision
The SC held that u/s 54(5), 54(8)(e), and 57 of the CGST Act,the refund must be credited to the Consumer Welfare Fund if the incidence of tax has been passed on.
Since Torrent Power Ltd. had admittedly passed on the tax burden to consumers, it was not entitled to receive the refund directly.
The HCs procedure for refund through tariff adjustment was contrary to the statutory scheme; its judgment was set aside, and the company was directed to deposit Rs. 19.28 crore into the Consumer Welfare Fund.
GST
Share:
Case Law
Inspection of seized jewellery during section 263 revision proceedings held valid without disclosure of reasons
PartiesMiraj Digvijay Shah v. Assistant Commissioner of Income-tax, Central
CourtHIGH COURT OF CALCUTTA
CitationWPA No. 25602 of 2025
After a search and seizure u/s 132, jewellery and bullion were sealed; part value was treated as unexplained, and revision proceedings u/s 263 were initiated for inadequate inquiry.
During revision, the department issued notices to inspect sealed se...After a search and seizure u/s 132, jewellery and bullion were sealed; part value was treated as unexplained, and revision proceedings u/s 263 were initiated for inadequate inquiry.
During revision, the department issued notices to inspect sealed seized assets in a strong room; the assessee objected, citing no reasons, lack of statutory basis, and risk to the chain of custody.
Assessee filed a writ challenging the legality of the inspection under Rule 112(13).
Decision
Inspection of seized assets is only verificatory and not an invasive act like a search; therefore, there is no reason to believe or disclosure of information is required.
Since the inspection was connected with pending section 263 proceedings, it was for purposes of the Act and valid under rule 112(13).
Presence of assessee and sealed strong-room custody ensured no tampering; writ dismissed and department allowed to issue fresh inspection notice.
INCOME TAX
Share:
Case Law
GST appearance pursuant to summons during inquiry cannot be treated as illegal detention
PartiesKanhaiya Nilambar Jha v. Union of India
CourtHIGH COURT OF BOMBAY
CitationCRIMINAL WRIT PETITION NO. 885 OF 2025
During the investigation into alleged fraudulent ITC, GST authorities issued a summons u/s 70, and the petitioner received and attended them without objection.
The petitioner later claimed he was illegally detained from 17-6-2025 to 20-6-2025 and co...During the investigation into alleged fraudulent ITC, GST authorities issued a summons u/s 70, and the petitioner received and attended them without objection.
The petitioner later claimed he was illegally detained from 17-6-2025 to 20-6-2025 and contended that summons required a prior 7-day notice.
Official records showed he stayed at the GST office on his own, had access to his mobile phones, and was formally arrested only on 21-6-2025.
Decision
The Court held that section 70 does not prescribe any mandatory 7-day prior notice, and attendance for inquiry cannot be treated as detention.
Since his presence was voluntary and there was no restriction on movement, illegal custody was not established.
The compensation claim was rejected, and the writ petition was dismissed in favour of the revenue authorities.
GST
Share:
Case Law
Minimum three month gap mandatory between GST show cause notice and final order
PartiesA. M. Marketplaces (P.) Ltd. v. Union of India
CourtHIGH COURT OF BOMBAY
CitationWRIT PETITION No. 7943 OF 2025
The GST department issued an SCN dated 18-11-2024 proposing a tax demand against the assessee.
The adjudicating authority passed the final order on 31-01-2025, giving the assessee only about 2 months and 13 days to respond.
The assessee filed a wri...The GST department issued an SCN dated 18-11-2024 proposing a tax demand against the assessee.
The adjudicating authority passed the final order on 31-01-2025, giving the assessee only about 2 months and 13 days to respond.
The assessee filed a writ petition contending that the statute requires a minimum three-month period to submit a reply and avail a proper hearing.
Decision
The Court held that a minimum three-month gap between the issuance of notice and the passing of the order is mandatory.
A shorter period violates principles of natural justice and statutory protections available to the taxpayer.
Accordingly, the SCN and order were quashed, and the matter was remanded for fresh adjudication.
GST
Share:
Case Law
Section 5A community income Vivad se Vishwas benefit cannot be denied to spouse
PartiesSmt. Sharen Nitin Naik v. Principal Commissioner of Income-tax
CourtHIGH COURT OF BOMBAY
CitationWRIT PETITION NO. 118 OF 2024
In Smt. Sharen Nitin Naik v. Principal Commissioner of Income-tax, a Goan couple governed by section 5A (community property) faced additions and penalty on the same income; husband appealed the assessment & penalty while wife appealed only penalty....In Smt. Sharen Nitin Naik v. Principal Commissioner of Income-tax, a Goan couple governed by section 5A (community property) faced additions and penalty on the same income; husband appealed the assessment & penalty while wife appealed only penalty.
Both filed Forms 1 & 2 under the Direct Tax Vivad se Vishwas Scheme; husbands application was accepted, but wifes was rejected for the absence of an assessment appeal.
Wife filed a writ petition; the department objected, citing delay due to COVID and lapse of the scheme.
Decision
Under section 5A, income is a single community income; disputes cannot be split; settlement for husband covers wife.
The pending penalty appeal qualifies as a dispute; rejection of wifes application was invalid.
Delay and scheme expiry are not valid grounds for the authority to reconsider the application and pass a reasoned order.
INCOME TAX
Share:
Case Law
Section 271AAB penalty limitation governed by section 275(1)(a) when assessment is appealed; order within time is valid.
PartiesChandrasekaran Joseph Vijay v. Deputy Commissioner of Income-tax
CourtHIGH COURT OF MADRAS
CitationW. P. No. 21006 of 2022 W.M.P. Nos. 20010, 20012 & 20013 of 2022
During a search u/s 132, the assessee admitted Rs. 15 crore as undisclosed cash income and included it in his return for AY 2016-17; the assessment order dated 30-12-2017 initiated penalty proceedings u/s 271AAB.
The assessment order was partly allo...During a search u/s 132, the assessee admitted Rs. 15 crore as undisclosed cash income and included it in his return for AY 2016-17; the assessment order dated 30-12-2017 initiated penalty proceedings u/s 271AAB.
The assessment order was partly allowed by CIT(A) and further modified by the ITAT; the Tribunal’s order dated 22-12-2021 attained finality.
A penalty order dated 30-06-2022 imposed 10% penalty u/s 271AAB; the assessee challenged it as time-barred u/s 275(1)(c).
Decision
Since penalty proceedings were initiated in the assessment order and the assessment order was carried in appeal, section 275(1)(a), and not the residuary clause (c), governed limitation.
The penalty proceedings were closely linked to the assessment and search proceedings, satisfying the conditions of section 275(1)(a).
As six months from the end of the month of receipt of the ITAT order (December 2021) expired on 30-06-2022, and the penalty order was passed on that date, it was within limitation; writ petition dismissed in favour of Revenue.
INCOME TAX
Share:
Quick Enquiry
Fill in your details and we'll get back to you shortly.
--- visitors
🔔 Stay Updated!
Get instant tax updates, due date reminders & important notifications.
