Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
HC allowed the appeal regarding depreciation on goodwill post-demerger for AYs 2015-16 and 2016-17. The court determined that the 5th proviso to Sec 32 only applies in the year of succession regarding aggregate deduction by predecessor and successor, not subsequent years. The Tribunal erroneously based its judgment solely on the Fifth Proviso's applicability, which was irrelevant for the assessment years in question. The scheme became effective in FY 2013-14, making the proviso applicable only for AY 2014-15. Matter remitted to Tribunal for fresh examination, considering the proviso's temporal scope and aggregate deduction requirement. Original Tribunal order dated 03 February 2023 set aside.
HC allowed the appeal regarding depreciation on goodwill post-demerger for AYs 2015-16 and 2016-17. The court determined that the 5th proviso to Sec 32 only applies in the year of succession regarding aggregate deduction by predecessor and successor, not subsequent years. The Tribunal erroneously based its judgment solely on the Fifth Proviso's applicability, which was irrelevant for the assessment years in question. The scheme became effective in FY 2013-14, making the proviso applicable only for AY 2014-15. Matter remitted to Tribunal for fresh examination, considering the proviso's temporal scope and aggregate deduction requirement. Original Tribunal order dated 03 February 2023 set aside.
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