Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
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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