Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
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HC held that respondents' recovery of amount from petitioner's Electronic Credit Ledger/Electronic Cash Ledger under Section 79 of GST Act, 2017 was illegal and arbitrary. Court found that pursuant to Section 78, recovery proceedings cannot be initiated within three months of demand becoming payable unless reasons are recorded. Additionally, under Section 112(9), deposit of 10% of demand stays remaining amount, with three-month limitation for appeal filing. CBIC circular dated 11.07.2024 permits pre-deposit even when appellate tribunals are not constituted. Since respondents recovered amount on 29.01.2025 without complying with statutory requirements, HC quashed and set aside the recovery action. Petition allowed.
HC held that respondents' recovery of amount from petitioner's Electronic Credit Ledger/Electronic Cash Ledger under Section 79 of GST Act, 2017 was illegal and arbitrary. Court found that pursuant to Section 78, recovery proceedings cannot be initiated within three months of demand becoming payable unless reasons are recorded. Additionally, under Section 112(9), deposit of 10% of demand stays remaining amount, with three-month limitation for appeal filing. CBIC circular dated 11.07.2024 permits pre-deposit even when appellate tribunals are not constituted. Since respondents recovered amount on 29.01.2025 without complying with statutory requirements, HC quashed and set aside the recovery action. Petition allowed.
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