Income Tax Case – Section 143(3)

Description

An Income Tax Case under Section 143(3) refers to a scrutiny assessment conducted by the Income Tax Department to verify the correctness of income declared, deductions claimed, exemptions availed, and taxes paid by a taxpayer. Unlike summary processing, a 143(3) assessment involves detailed examination of books of accounts, documents, and explanations before passing a final assessment order.

Consequences
  • Detailed scrutiny of income, expenses, and financial transactions
  • Possible additions or disallowances leading to increased tax demand
  • Levy of interest and penalties for under-reporting or misreporting
  • Issuance of demand notice or refund order
  • Potential penalty or prosecution proceedings in serious cases
How WBC Can Help
  • Review of notices and assessment scope
  • Preparation and submission of replies and reconciliations
  • Representation before the Assessing Officer
  • Strategy to minimize additions and penalties
  • Post-assessment advisory and appeal support

Income Tax Case – Section 148

Description

Section 148 involves reassessment proceedings initiated when the Assessing Officer believes that income chargeable to tax has escaped assessment. It allows reopening of completed assessments subject to legal safeguards and timelines.

Consequences
  • Reopening of past assessment years
  • Mandatory filing of return in response to notice
  • Scrutiny of undisclosed income or transactions
  • Additional tax demand with interest and penalties
  • Risk of prolonged litigation
How WBC Can Help
  • Examination of validity of reassessment notice
  • Legal advisory to challenge reopening
  • Preparation of returns and submissions
  • Representation during reassessment proceedings
  • Appeal and rectification strategy

Rectification – Section 154

Description

Section 154 allows rectification of mistakes apparent on record such as clerical or computational errors in assessment orders without reopening the case.

Consequences
  • Correction of clerical or arithmetical mistakes
  • Revision of tax demand or refund
  • Correction of TDS credits and interest calculations
  • Revised demand or refund order
  • Limited scope – no debatable issues allowed
How WBC Can Help
  • Identification of eligible rectifiable errors
  • Preparation and filing of rectification applications
  • Department follow-ups for early resolution
  • Response to rectification notices
  • Advisory on alternative remedies

Delay in Refund – Section 119

Description

Section 119 empowers CBDT to condone delay in refund claims caused by late filing or procedural lapses, allowing relief in genuine hardship cases.

Consequences
  • Refund remains blocked or unclaimed
  • Risk of losing refund entitlement
  • Extended procedural scrutiny
  • Restriction or denial of interest on refund
How WBC Can Help
  • Eligibility assessment for condonation
  • Drafting of condonation applications
  • Representation before authorities
  • Follow-up for refund release
  • Preventive compliance advisory

Form 15CA

Description

Form 15CA is a mandatory declaration for reporting foreign remittances to non-residents, ensuring correct tax deduction or exemption under the Income Tax Act.

Who Requires It
  • Individuals or businesses making overseas payments
  • Companies remitting royalties, fees, or dividends
  • NRIs and resident individuals
  • Entities using Authorized Dealer Banks
Eligibility & Process
  • Taxability analysis under IT Act and DTAA
  • Identification of applicable Form 15CA part
  • Obtaining Form 15CB where required
  • Online filing on Income Tax portal
  • Submission to bank for remittance
How WBC Can Help
  • Taxability and DTAA advisory
  • Coordination for Form 15CB
  • Accurate filing of Form 15CA
  • Bank coordination for remittance

Form 15CA & 15CB

Description

Form 15CA and 15CB are mandatory compliance documents under the Income Tax Act, 1961 for reporting payments made from India to non-residents. Form 15CA is a self-declaration filed by the remitter, while Form 15CB is a certificate issued by a Chartered Accountant confirming the nature of remittance, taxability, and applicable tax deductions. Together, they enable banks to process outward foreign remittances in compliance with tax and FEMA regulations.

Who Requires It

  • Individuals or businesses making payments to non-residents
  • Companies remitting fees, royalties, dividends, or technical service payments abroad
  • Indian entities making overseas investments or loan repayments
  • NRIs and residents routing outward remittances through AD Banks

Eligibility & Process (Brief)

  • Determination of taxability under the Income Tax Act and applicable DTAA provisions
  • Identification of the applicable part of Form 15CA (Part A, B, C, or D)
  • Issuance of Form 15CB by a Chartered Accountant, where required
  • Online filing of Form 15CA on the Income Tax portal
  • Submission of acknowledgments to the Authorized Dealer (AD) Bank for remittance processing

How WBC Can Help

  • Assessment of remittance nature and taxability
  • Advisory on DTAA benefits and applicable TDS rates
  • Coordination with Chartered Accountants for Form 15CB issuance
  • Accurate preparation and filing of Form 15CA
  • End-to-end bank coordination to ensure smooth and timely remittance

CIT Appeal (Appeal before Commissioner of Income Tax – Appeals)

Description

A CIT Appeal involves filing an appeal before the Commissioner of Income Tax (Appeals) against an assessment order, reassessment order, penalty order, or rectification order passed by the Assessing Officer. This appellate remedy allows taxpayers to challenge incorrect additions, disallowances, penalties, or procedural lapses under the Income Tax Act, 1961.

Consequences
  • Suspension or modification of disputed tax demands, subject to appeal outcome
  • Detailed examination of legal and factual issues by appellate authority
  • Possibility of relief through deletion or reduction of additions and penalties
  • Prolonged litigation if the matter proceeds to higher appellate forums
How WBC Can Help
  • Evaluation of assessment or penalty orders to identify appealable issues
  • Drafting and filing of appeals with strong and reasoned grounds
  • Preparation of written submissions, evidences, and case laws
  • Representation during appellate hearings including faceless appeals
  • Post-appeal advisory on compliance or further appellate remedies

ITAT Appeal (Income Tax Appellate Tribunal)

Description

An ITAT Appeal is the second appellate remedy available to taxpayers against orders passed by the Commissioner of Income Tax (Appeals). The Income Tax Appellate Tribunal is an independent judicial authority adjudicating disputes involving substantial questions of fact and law under the Income Tax Act, 1961.

Consequences
  • Review of disputed additions, disallowances, or penalties
  • Opportunity for comprehensive legal and factual arguments
  • Potential deletion, reduction, or confirmation of tax demand
  • Further appeal possible before High Court on substantial questions of law
How WBC Can Help
  • Evaluation of CIT(A) order and litigation strategy
  • Drafting and filing of ITAT appeals with strong legal grounds
  • Preparation of paper books, submissions, and case law references
  • Representation during ITAT hearings
  • Post-order advisory including rectification or higher appeal strategy

12AA Registration

Description

12AA Registration is a certification issued by the Income Tax Department granting income tax exemption status to charitable trusts, societies, and Section 8 companies. Registration under Section 12AA enables eligible NGOs to claim exemption on their income applied towards charitable or religious purposes, subject to compliance with prescribed conditions.

Note: While new registrations are now governed under Section 12AB, Section 12AA continues to be relevant for legacy cases, conversions, cancellations, and compliance understanding.

Who Requires It

  • Charitable Trusts
  • Societies registered under the Societies Act
  • Section 8 Companies
  • NGOs seeking income tax exemption on surplus or donations

Eligibility & Process (Brief)

  • Review of trust deed, MOA & AOA, or society bye-laws
  • Submission of application with supporting documents and activity details
  • Examination by Income Tax authorities for charitable objects and compliance
  • Grant of registration upon satisfaction of prescribed conditions

How WBC Can Help

  • Eligibility assessment and comprehensive documentation review
  • Drafting and filing of 12AA registration applications
  • Representation before Income Tax authorities during scrutiny
  • Advisory on ongoing compliance to retain exemption status
  • Support in transition or conversion to Section 12AB, where applicable

80G Registration

Description

80G Registration is an approval granted by the Income Tax Department that enables donors to claim tax deductions on donations made to eligible charitable organizations. For NGOs, 80G registration significantly enhances fundraising credibility and donor confidence while ensuring compliance with income tax provisions.

Who Requires It

  • Charitable Trusts
  • Societies registered under the Societies Act
  • Section 8 Companies
  • NGOs seeking to offer tax deduction benefits to donors

Eligibility & Process (Brief)

  • Verification of constitutional documents and charitable objects
  • Assessment of financial statements and activity records
  • Filing of application under Section 80G with supporting documents
  • Review and approval by Income Tax authorities

Note: Under the current regime, 80G registrations are issued as provisional or regular approvals and are time-bound, requiring periodic renewal.

How WBC Can Help

  • Eligibility assessment and structuring advisory
  • Preparation and filing of 80G registration applications
  • Coordination with Income Tax authorities and response to notices
  • Advisory on donor reporting and post-registration compliance
  • Renewal and modification support under updated regulations

TDS Litigation

Description

TDS Litigation involves handling disputes arising from non-deduction, short deduction, late deduction, or delayed deposit of Tax Deducted at Source (TDS) under the Income Tax Act, 1961. These matters may result in tax demands, interest, penalties, or prosecution if not addressed properly.

Consequences
  • Demand for tax, interest, and penalties
  • Classification as assessee in default under Section 201
  • Disallowance of expenses under Section 40(a)(ia)
  • Initiation of penalty or prosecution proceedings
  • Escalation to appellate authorities if disputes persist
How WBC Can Help
  • Review of TDS notices, defaults, and demand orders
  • Strategic advisory on exemptions and relief provisions
  • Filing of rectifications and replies
  • Representation before TDS Assessing Officers, CIT(A), and ITAT
  • Advisory on demand reduction and litigation mitigation

GST Registration & Cancellation

Description

GST Registration enables a business to lawfully collect and remit Goods and Services Tax and operate within India’s indirect tax framework. GST Cancellation involves the voluntary or department-initiated termination of GST registration when business operations cease, thresholds change, or compliance issues arise. Both processes significantly impact tax liability, compliance exposure, and business continuity.

Who Requires It

  • Businesses crossing prescribed turnover thresholds
  • Inter-state suppliers and e-commerce operators
  • Entities required to obtain mandatory GST registration
  • Businesses discontinuing operations or restructuring entities

Eligibility & Process (Brief)

  • GST Registration: Based on turnover, nature of supply, location, and entity type; involves online application, document verification, and GSTIN issuance
  • GST Cancellation: May be voluntary or initiated by authorities due to non-compliance; involves filing of application, clearance of liabilities, and final return submission

How WBC Can Help

  • Strategic advisory on GST applicability and registration timing
  • End-to-end GST registration and amendment support
  • Handling of GST cancellation, revocation, and compliance closures
  • Representation in department-initiated cancellation proceedings
  • Post-cancellation advisory to mitigate future litigation risks

GST Litigation

Description

GST Litigation involves representation and dispute management in matters arising under the CGST Act and related State GST laws. These disputes may originate from audits, inspections, assessments, investigations, anti-evasion proceedings, or interpretation issues impacting tax liability, ITC, penalties, and business continuity.

Consequences
  • Demand of tax, interest, and penalties
  • Blocking or reversal of Input Tax Credit (ITC)
  • Attachment of bank accounts or property
  • Suspension or cancellation of GST registration
  • Escalation to appellate and judicial forums
How WBC Can Help
  • Analysis of GST notices, audit objections, and assessment orders
  • Drafting replies, submissions, and legal representations
  • Representation before GST officers and appellate authorities
  • Strategic advisory on ITC protection and demand mitigation
  • Support in appeals, stays, and recovery proceedings

GST Cases

GST Cases cover disputes, proceedings, and enforcement actions initiated under the CGST, SGST, and IGST Acts. Such cases commonly arise from audits, inspections, investigations, assessments, or anti-evasion actions and involve issues related to tax liability, Input Tax Credit (ITC), classification, valuation, and procedural compliance.

Consequences

  • Tax, interest, and penalty demands
  • Reversal or blockage of Input Tax Credit (ITC)
  • Provisional attachment of bank accounts or business assets
  • Suspension or cancellation of GST registration
  • Escalation to appellate authorities and courts

How WBC Can Help

  • End-to-end handling of GST notices, audits, and proceedings
  • Drafting and filing replies to Show Cause Notices (SCNs) and assessment orders
  • Representation before adjudicating and appellate authorities
  • Strategic advisory on ITC protection and demand mitigation
  • Support in recovery proceedings, stay applications, and writ remedies

GST Appeal

A GST Appeal involves challenging orders passed by GST authorities under the CGST, SGST, or IGST Acts. Appeals may be filed against assessment, demand, refund, penalty, or cancellation orders and are generally heard by Appellate Authorities, the GST Appellate Tribunal, or High Courts.

Consequences

  • Judicial review of disputed tax, interest, or penalty demands
  • Possibility of suspension, reduction, or deletion of disputed liability
  • Risk of dismissal if procedural or substantive requirements are not met
  • Potential escalation to higher appellate forums

How WBC Can Help

  • Assessment of appealability and litigation strategy formulation
  • Drafting and filing of appeals with strong legal and factual grounds
  • Representation before GST Appellate Authorities and Tribunals
  • Preparation of written submissions, case papers, and evidentiary records
  • Advisory on stay of demand, interim relief, and post-appeal compliance

GST Tribunal Appeal

A GST Tribunal Appeal is filed before the Goods and Services Tax Appellate Tribunal (GSTAT) against orders passed by first appellate authorities under the CGST, SGST, or IGST Acts. This provides taxpayers with a second appellate forum for disputed tax, interest, penalty, refund, or ITC matters.

Consequences

  • Review and potential reduction or deletion of disputed tax or penalty
  • Protection of Input Tax Credit and refund claims
  • Risk of appeal dismissal due to procedural or legal deficiencies
  • Possible escalation to High Court or Supreme Court

How WBC Can Help

  • Evaluation of tribunal appealability and formulation of strategic grounds
  • Drafting and filing of tribunal appeals with comprehensive legal support
  • Representation during hearings before GST Appellate Tribunal
  • Preparation of written submissions, case laws, and documentary evidence
  • Advisory on stay of demand, interim relief, and post-order compliance

GST TDS Cases

GST TDS Cases arise where tax is required to be deducted at source under GST by specified government agencies or notified entities. Disputes may occur due to non-deduction, short deduction, late deduction, or delayed deposit, leading to notices, interest, and penalties.

Consequences

  • Issuance of notices for non-deduction or delayed GST TDS
  • Levy of interest and penalties for defaults
  • Disallowance or delay of Input Tax Credit to recipients
  • Escalation to adjudication or appellate proceedings

How WBC Can Help

  • Review of GST TDS notices, defaults, and assessment orders
  • Advisory on applicability, exemptions, and compliance obligations
  • Preparation and filing of replies, rectifications, and refund claims
  • Representation before GST officers and appellate forums
  • Strategic guidance to mitigate penalties and prevent future defaults

GST Survey, Search & Seizure

GST Survey, Search & Seizure proceedings are enforcement actions initiated under GST laws to detect tax evasion, undisclosed turnover, or misuse of Input Tax Credit (ITC). These actions may involve on-site inspections, verification of records, and seizure of goods, cash, or digital data.

Consequences

  • Immediate scrutiny of financial records and business transactions
  • Seizure of goods, cash, documents, or electronic records
  • Initiation of assessment, demand, and penalty proceedings
  • Suspension or cancellation of GST registration
  • Extended litigation exposure

How WBC Can Help

  • On-site advisory during surveys and searches to ensure procedural compliance
  • Guidance on statements, notices, and document production
  • Representation in post-survey assessments and adjudication proceedings
  • Strategic planning for mitigation of demands, penalties, and ITC disputes
  • End-to-end litigation support before appellate authorities and tribunals

GST Fraud Cases – Section 74

GST Fraud Cases under Section 74 of the CGST Act deal with situations where tax authorities allege deliberate tax evasion, willful misstatement, suppression of facts, or fraudulent availment of Input Tax Credit (ITC). Section 74 empowers authorities to initiate stringent adjudication proceedings, impose higher penalties, and recover unpaid taxes in cases involving intent to evade tax.

Consequences

  • Recovery of evaded tax along with applicable interest
  • Penalties up to 100% of the tax amount in proven fraud cases
  • Initiation of prosecution proceedings under GST and allied laws
  • Suspension or cancellation of GST registration
  • Extended litigation before adjudicating authorities and tribunals

How WBC Can Help

  • Detailed review of alleged fraud and assessment of legal exposure
  • Advisory on statutory safeguards, limitation, and procedural lapses
  • Representation before GST authorities during adjudication proceedings
  • Preparation of comprehensive replies, evidence, and legal submissions
  • Strategy formulation for penalty mitigation, demand reduction, and litigation management

GST – Schools & Educational Institutions

GST compliance for schools and educational institutions requires careful evaluation of exemptions, taxable supplies, and regulatory obligations under the GST framework. While most educational services are exempt, certain commercial or ancillary activities may attract GST.

Who Requires It

  • Private schools and colleges
  • Coaching centers and vocational training institutes
  • Universities and higher education institutions
  • Educational service providers offering taxable commercial services

Eligibility & Process (Brief)

  • Assessment of whether services qualify for GST exemption under Schedule III or exemption notifications
  • GST registration if turnover exceeds threshold limits or for inter-state supplies
  • Compliance with invoicing, return filing, and ITC rules for taxable activities
  • Periodic reconciliation and internal review to ensure GST compliance

How WBC Can Help

  • Advisory on GST applicability and exemption eligibility for educational services
  • Assistance with GST registration, return filing, and ongoing compliance
  • Guidance on partially taxable activities such as hostels, canteens, or training programs
  • Representation during audits, notices, and dispute resolution proceedings
  • Strategic planning to optimize tax position and minimize litigation risk

GST – Hospitals, Doctors & Medical Services

GST compliance for hospitals, doctors, and medical service providers involves identifying exempt healthcare services and managing GST obligations for taxable ancillary or commercial activities. While core healthcare services are largely exempt, certain supplies may fall within the GST net.

Who Requires It

  • Private hospitals, multi-specialty hospitals, and nursing homes
  • Clinics, diagnostic laboratories, and pathology centers
  • Doctors and medical professionals providing consultancy services
  • Ancillary service providers such as pharmacies, canteens, and wellness centers

Eligibility & Process (Brief)

  • Identification of exempt versus taxable medical and allied services
  • GST registration where taxable turnover exceeds prescribed thresholds
  • Compliance with invoicing, return filing, and ITC regulations
  • Periodic reconciliation, audit support, and compliance reviews

How WBC Can Help

  • Advisory on GST exemptions and applicability for healthcare services
  • Assistance with GST registration, returns, and compliance management
  • Guidance on mixed supplies involving diagnostics, pharmacy, or wellness services
  • Representation during audits, investigations, and GST proceedings
  • Strategic planning to optimize tax efficiency and avoid penalties