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...
The HC held that the refund of input tax credit is limited to the tax rate applicable on the principal input, specifically crude sunflower oil. Relying on precedent, the Court affirmed that Circular No. 135/05/2020 applies only where input tax credit accumulation arises from a reduction in tax rates. The Court further concluded that the petitioner is not entitled to a refund under Clause (ii) of Sub-section (3) of Section 54 when the input and output supplies are identical. This interpretation aligns with the legal principles established in a prior HC ruling involving a similar issue. Consequently, the petition was allowed, confirming that refund claims must adhere strictly to the statutory and circular provisions governing input tax credit refunds.
The HC held that the refund of input tax credit is limited to the tax rate applicable on the principal input, specifically crude sunflower oil. Relying on precedent, the Court affirmed that Circular No. 135/05/2020 applies only where input tax credit accumulation arises from a reduction in tax rates. The Court further concluded that the petitioner is not entitled to a refund under Clause (ii) of Sub-section (3) of Section 54 when the input and output supplies are identical. This interpretation aligns with the legal principles established in a prior HC ruling involving a similar issue. Consequently, the petition was allowed, confirming that refund claims must adhere strictly to the statutory and circular provisions governing input tax credit refunds.
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