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...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
HC allowed the writ petition filed by the assessee, holding that the disallowance of Input Tax Credit (ITC) under s.17(5) CGST Act on insurance premium was without jurisdiction and based on an erroneous factual premise. The revenue had treated the insurance policy as motor vehicle insurance, whereas the record clearly showed it was for stock, premises, STFI cover, earthquake risk, and manufacturing equipment, which are not covered by the ITC restriction under s.17(5). As all other proposed additions had been dropped and only this ITC disallowance remained, the HC held that the impugned assessment order and notice were vitiated by incorrect assumptions of fact. The impugned order and notice were quashed and set aside.
HC allowed the writ petition filed by the assessee, holding that the disallowance of Input Tax Credit (ITC) under s.17(5) CGST Act on insurance premium was without jurisdiction and based on an erroneous factual premise. The revenue had treated the insurance policy as motor vehicle insurance, whereas the record clearly showed it was for stock, premises, STFI cover, earthquake risk, and manufacturing equipment, which are not covered by the ITC restriction under s.17(5). As all other proposed additions had been dropped and only this ITC disallowance remained, the HC held that the impugned assessment order and notice were vitiated by incorrect assumptions of fact. The impugned order and notice were quashed and set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
