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    October 3, 2026   Case Laws GST
    GST refund withholding under Section 54(11) remains available during anti-evasion proceedings without a separate judicial stay.
    October 3, 2026   Case Laws GST
    Resolution-plan extinguishment bars unfiled GST dues and permits writ review despite a statutory appellate remedy.
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    Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory pe...
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October 3, 2026   Case Laws GST
GST refund withholding under Section 54(11) remains available during anti-evasion proceedings without a separate judicial stay.
October 3, 2026   Case Laws GST
Resolution-plan extinguishment bars unfiled GST dues and permits writ review despite a statutory appellate remedy.
October 3, 2026   Case Laws GST
Section 74 fraud allegations must be particularised; an ITC mismatch alone cannot sustain a notice for wrongful credit.
October 3, 2026   Case Laws GST
Bail in CGST prosecution: completed investigation and documentary evidence supported release subject to safeguards against trial interference.
October 3, 2026   Case Laws GST
Statutory GST appeals remain the appropriate remedy where exemption claims lack substantiation during adjudication proceedings.
October 3, 2026   Case Laws GST
Ex parte GST assessment permits fresh adjudication subject to reply and disputed-tax pre-deposit despite expired appellate limitation.
October 3, 2026   Case Laws GST
Input tax credit blocking requires use of the prescribed unblocking remedy before writ relief, especially after demand proceedings.
October 3, 2026   Case Laws GST
Input tax credit on unpaid consideration attracts interest despite later financial credit-note settlement and retained credit entitlement.
October 3, 2026   Case Laws GST
Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory penalty.
October 3, 2026   Case Laws GST
Detention authority ends when transit ends; curable e-way bill omissions cannot justify penalties without tax-evasion intent.
October 3, 2026   Case Laws GST
Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective penalties.
October 3, 2026   Case Laws GST
Technical transport-document discrepancies cannot justify tax penalties without reliable evidence of deliberate contravention and intent to evade tax.
October 3, 2026   Case Laws GST
GSTR return mismatches require liability verification, with reasoned reconsideration where tax, interest, penalty, and credit issues remain unresolved.
October 3, 2026   Case Laws GST
Expired e-way bills alone do not establish tax-evasion intent, requiring independent evidence before GST penalties may be imposed.
October 3, 2026   Case Laws Income Tax
Reassessment objections must be decided before scrutiny, and assessment notices cannot issue during the four-week challenge period.
October 3, 2026   Case Laws Income Tax
Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee.
October 3, 2026   Case Laws Income Tax
Transfer-pricing comparability under TNMM permits turnover filtering and depreciation-adjusted cash profit indicators where functional differences materially affect margins.
October 3, 2026   Case Laws Income Tax
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required.
October 3, 2026   Case Laws Income Tax
Prima facie limitation challenges and high-pitched reassessments can justify full recovery stays pending independent appellate determination.
October 3, 2026   Case Laws Income Tax
Late reassessment returns remain valid where no statutory bar applies, requiring Section 143(2) notice before assessment.

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Home › Highlights › Income Tax › 2024 › November, 2024 › This
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Section 80IB deduction denied due to non-completion of project...

Tax Deduction Denied for Project Delay and Size; Case Remanded for Compliance Check on Commercial Area Limits.

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Income Tax November 26, 2024 Case Laws AT
Section 80IB deduction denied due to non-completion of project within stipulated period u/s 80IB(10) by 31.03.2008 and commercial construction exceeding limit under clause (d). Amendment via Finance Act 2004 from 01.04.2005 imposed new conditions for deduction for projects approved and commenced prior to 01.04.2005. Condition restricting commercial space is impossible if project at advanced stage per approved plan, but completion timeline reasonable with over three years allowed post amendment. Projects approved after 01.04.2005 also have four-year completion period. Issue of completion certificate requirement sub-judice before Supreme Court, remanded for fresh adjudication as per provisions at project approval, subject to judgments. Commercial area exceeding prescribed limit allowed if approved by local authority, verified against sanction plan. Matter remanded to assess commercial area conformity with approved plan. Appeals allowed for statistical purposes.
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