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...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
Objective characteristics and principal use govern mining-tyre classification, while fresh advance ruling applications may rely on additional technica...
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The HC held that issuance of a composite show cause notice (SCN) covering multiple financial years under the GST Act is impermissible. Each financial year constitutes a separate tax period with distinct limitation periods under Sections 73 and 74. The limitation of three or five years applies individually to each financial year and cannot be aggregated or carried forward to justify a bundled SCN. Issuing a single SCN for multiple years violates the statutory scheme, frustrates the limitation framework, and infringes the taxpayer's right to contest year-specific demands, resulting in jurisdictional overreach and rendering such orders void ab initio. The GST Act mandates SCNs to be issued based on the relevant tax period-monthly or annual returns-and prohibits issuance beyond the prescribed period. Accordingly, the petition challenging the bunching of SCNs was allowed, reaffirming that separate adjudication per financial year is legally required.
The HC held that issuance of a composite show cause notice (SCN) covering multiple financial years under the GST Act is impermissible. Each financial year constitutes a separate tax period with distinct limitation periods under Sections 73 and 74. The limitation of three or five years applies individually to each financial year and cannot be aggregated or carried forward to justify a bundled SCN. Issuing a single SCN for multiple years violates the statutory scheme, frustrates the limitation framework, and infringes the taxpayer's right to contest year-specific demands, resulting in jurisdictional overreach and rendering such orders void ab initio. The GST Act mandates SCNs to be issued based on the relevant tax period-monthly or annual returns-and prohibits issuance beyond the prescribed period. Accordingly, the petition challenging the bunching of SCNs was allowed, reaffirming that separate adjudication per financial year is legally required.
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