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 upheld the constitutional validity of Rule 86A of the CGST Rules, 2017, and the related CBIC Circular, which permit blocking of Input Tax Credit (ITC) without prior hearing when there is reason to believe the credit was fraudulently availed or is ineligible. The Court recognized that immediate blocking is necessary to prevent irrecoverable loss, and the absence of pre-decisional hearing does not render the provision unconstitutional due to the availability of post-decisional hearing under Rule 86A(2). The petitioner's objection under this sub-rule must be decided expeditiously by the Commissioner, who may lift the blocking if satisfied. The Court directed the competent authority to pass a reasoned order on the lifting of ITC blocking within 15 days, thus disposing of the writ petition.
The HC upheld the constitutional validity of Rule 86A of the CGST Rules, 2017, and the related CBIC Circular, which permit blocking of Input Tax Credit (ITC) without prior hearing when there is reason to believe the credit was fraudulently availed or is ineligible. The Court recognized that immediate blocking is necessary to prevent irrecoverable loss, and the absence of pre-decisional hearing does not render the provision unconstitutional due to the availability of post-decisional hearing under Rule 86A(2). The petitioner's objection under this sub-rule must be decided expeditiously by the Commissioner, who may lift the blocking if satisfied. The Court directed the competent authority to pass a reasoned order on the lifting of ITC blocking within 15 days, thus disposing of the writ petition.
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