Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
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The High Court prima facie found the notification No. 56/2023 issued by the Central Board of Indirect Taxes and Customs to be inconsistent with Section 168(A) of the Central GST Act, 2017. Consequently, any actions based on the said notification would fail. While acknowledging the petitioner's entitlement to reliefs proposed in the Financial Bill 2024, the Court deemed it necessary to examine the applicability of force majeure concerning the notification, considering the Minutes of the 49th GST Council Meeting. However, the respondent authorities were granted an opportunity to present their stance and materials justifying the force majeure claim. Interim protection was granted to the petitioner, prohibiting coercive action based on the impugned assessment order dated 18.04.2024 until the next hearing scheduled for 21.08.2024, with the respondents directed to file affidavits by 19.08.2024.
The High Court prima facie found the notification No. 56/2023 issued by the Central Board of Indirect Taxes and Customs to be inconsistent with Section 168(A) of the Central GST Act, 2017. Consequently, any actions based on the said notification would fail. While acknowledging the petitioner's entitlement to reliefs proposed in the Financial Bill 2024, the Court deemed it necessary to examine the applicability of force majeure concerning the notification, considering the Minutes of the 49th GST Council Meeting. However, the respondent authorities were granted an opportunity to present their stance and materials justifying the force majeure claim. Interim protection was granted to the petitioner, prohibiting coercive action based on the impugned assessment order dated 18.04.2024 until the next hearing scheduled for 21.08.2024, with the respondents directed to file affidavits by 19.08.2024.
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