Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The HC allowed the petition: holding that services by way of renting of residential dwellings fall under Entry No.12 of Exemption N/N.12 (2017), and that Article 265 precludes tax collection without authority of law, the Court found the petitioner paid GST under invoices though no tax was legally exigible. The Court set aside the impugned deficiency memos and directed the respondents to consider the petitioner's refund application under Section 54, CGST Act, without adjudicating limitation, and to pass appropriate orders within four weeks of receipt of the order. Petition allowed; respondents to process refund claim accordingly.
The HC allowed the petition: holding that services by way of renting of residential dwellings fall under Entry No.12 of Exemption N/N.12 (2017), and that Article 265 precludes tax collection without authority of law, the Court found the petitioner paid GST under invoices though no tax was legally exigible. The Court set aside the impugned deficiency memos and directed the respondents to consider the petitioner's refund application under Section 54, CGST Act, without adjudicating limitation, and to pass appropriate orders within four weeks of receipt of the order. Petition allowed; respondents to process refund claim accordingly.
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