Source-backed summaries of Supreme Court, High Court, ITAT and tribunal decisions on direct and indirect tax matters.
Functionality test prevails over the structural test under s. 17(5)(d) CGST Act. A building can qualify as "plant" if it is integral to the taxpayer's output supply — opening ITC o...
Reassessment proceedings under the new regime (s.148/148A) cannot survive where AO records mechanical, copy-pasted "reasons to believe" without applying mind to escaped income.
Classification under CTH 5402 vs 5404 — Tribunal applies the predominant use test and the HSN explanatory notes; reaffirms that Revenue carries the burden in reclassification.
ALP determination on AMP expenditure — Court holds that "bright-line test" has no statutory basis; benefit to AE must be demonstrated before invoking Chapter X.
Section 14A disallowance not sustainable in absence of exempt income earned during the year — follows the SC ratio in Maxopp Investment and the Delhi HC line in Cheminvest.
Refund of accumulated ITC on account of inverted duty structure — formula in Rule 89(5) read with the CBIC's revised circular; refund cannot be denied for input services prior to a...
