Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Exemption under Section 10(23C)(iiiad) - Determination of threshold of turnover - ‘annual receipts’ versus ‘gross receipt’ - The Assessing Officer (AO) disallowed the claim, stating that the gross receipt of the college exceeded the threshold limit, thereby making it ineligible for exemption under this provision. - However, the Tribunal's decision highlighted that the provision refers to "annual receipts" and not "gross receipts." It argued that voluntary contributions towards corpus, which are uncertain as to time and volume, should not be considered part of the regular, annual receipt of an educational institution. - The Tribunal allowed the college's appeal, directing the deletion of the disallowance of exemption under Section 10(23C)(iiiad).
Exemption under Section 10(23C)(iiiad) - Determination of threshold of turnover - ‘annual receipts’ versus ‘gross receipt’ - The Assessing Officer (AO) disallowed the claim, stating that the gross receipt of the college exceeded the threshold limit, thereby making it ineligible for exemption under this provision. - However, the Tribunal's decision highlighted that the provision refers to "annual receipts" and not "gross receipts." It argued that voluntary contributions towards corpus, which are uncertain as to time and volume, should not be considered part of the regular, annual receipt of an educational institution. - The Tribunal allowed the college's appeal, directing the deletion of the disallowance of exemption under Section 10(23C)(iiiad).
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