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 initiation of proceedings under section 130 read with section 122 of the GST Act based on excess stock found during a survey was improper. The Court reaffirmed that section 130 proceedings are not applicable for cases involving excess stock discrepancies, which must be addressed under sections 73 or 74 of the GST Act. Reliance was placed on precedent establishing that excess stock discovered during a survey cannot trigger section 130 proceedings. Consequently, the impugned orders initiating action under section 130 were quashed, and the petition was allowed, directing the authorities to proceed under the appropriate provisions for tax recovery and assessment.
The HC held that initiation of proceedings under section 130 read with section 122 of the GST Act based on excess stock found during a survey was improper. The Court reaffirmed that section 130 proceedings are not applicable for cases involving excess stock discrepancies, which must be addressed under sections 73 or 74 of the GST Act. Reliance was placed on precedent establishing that excess stock discovered during a survey cannot trigger section 130 proceedings. Consequently, the impugned orders initiating action under section 130 were quashed, and the petition was allowed, directing the authorities to proceed under the appropriate provisions for tax recovery and assessment.
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