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...
Section 31B gives a secured creditor priority over tax dues in enforcement of mortgaged property, provided the mortgage particulars are uploaded in the CERSAI portal. On that basis, the creditor could proceed with sale under SARFAESI despite the tax charge. The charge entry, however, could still remain in the encumbrance record because any surplus after satisfaction of the secured debt may still meet tax dues. The auction purchaser would not be fettered by the charge, and an appropriate endorsement could be sought from the Sub-Registrar after the sale. The prayer to quash or delete the charge entry was declined, and the writ petition was disposed of accordingly.
Section 31B gives a secured creditor priority over tax dues in enforcement of mortgaged property, provided the mortgage particulars are uploaded in the CERSAI portal. On that basis, the creditor could proceed with sale under SARFAESI despite the tax charge. The charge entry, however, could still remain in the encumbrance record because any surplus after satisfaction of the secured debt may still meet tax dues. The auction purchaser would not be fettered by the charge, and an appropriate endorsement could be sought from the Sub-Registrar after the sale. The prayer to quash or delete the charge entry was declined, and the writ petition was disposed of accordingly.
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