Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
The ITAT Visakhapatnam considered whether the appellant, an entity established under the APSCHE Act, qualifies as an 'instrument of state' u/s Article 12 of the Constitution for tax exemption. The tribunal found that the appellant, under full control of the State Government, meets the criteria of an instrumentality of the government. The concept of 'other authorities' in Article 12 was analyzed, referencing the Supreme Court's tests from the Som Prakash Rekhi case. The tribunal concluded that the appellant, being under the superintendence and control of the State Government, falls within the definition of 'State' u/s Article 12, entitling it to immunity from taxation. The appellant's appeal was allowed, emphasizing full tax exemption for its income and receipts.
The ITAT Visakhapatnam considered whether the appellant, an entity established under the APSCHE Act, qualifies as an 'instrument of state' u/s Article 12 of the Constitution for tax exemption. The tribunal found that the appellant, under full control of the State Government, meets the criteria of an instrumentality of the government. The concept of 'other authorities' in Article 12 was analyzed, referencing the Supreme Court's tests from the Som Prakash Rekhi case. The tribunal concluded that the appellant, being under the superintendence and control of the State Government, falls within the definition of 'State' u/s Article 12, entitling it to immunity from taxation. The appellant's appeal was allowed, emphasizing full tax exemption for its income and receipts.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
