Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
The HC held that although GST registration may be cancelled for non-furnishing of returns under Section 29 read with Rule 22, a cancellation order in Form GST REG-19 must record actual reasons and operate as a speaking order. An order stating only that no reply was filed and citing "Others" failed to show application of mind, breached the prescribed statutory form, and was illegal because cancellation has adverse civil consequences. The petitioner's non-response did not excuse the officer from giving reasons. The cancellation order was quashed, and the matter was remitted to the show-cause stage for fresh proceedings, with liberty to the petitioner to reply or regularise the defaults.
The HC held that although GST registration may be cancelled for non-furnishing of returns under Section 29 read with Rule 22, a cancellation order in Form GST REG-19 must record actual reasons and operate as a speaking order. An order stating only that no reply was filed and citing "Others" failed to show application of mind, breached the prescribed statutory form, and was illegal because cancellation has adverse civil consequences. The petitioner's non-response did not excuse the officer from giving reasons. The cancellation order was quashed, and the matter was remitted to the show-cause stage for fresh proceedings, with liberty to the petitioner to reply or regularise the defaults.
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