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...
Input tax credit was denied on the ground that returns for May 2018-March 2019 were not filed within the time limit under Section 16(4) of the CGST Act. The Court held that the subsequently introduced Section 16(5) creates an overriding entitlement, since it begins with a non obstante clause and imposes only the condition that the relevant returns be filed on or before 30 November 2021; upon such filing, the limitation under Section 16(4) becomes inapplicable. The earlier adverse order in prior proceedings challenging Section 16(4) did not bar relief, as Section 16(5) furnished a fresh statutory basis. Relief was granted and the petition was disposed of. - HC
Input tax credit was denied on the ground that returns for May 2018-March 2019 were not filed within the time limit under Section 16(4) of the CGST Act. The Court held that the subsequently introduced Section 16(5) creates an overriding entitlement, since it begins with a non obstante clause and imposes only the condition that the relevant returns be filed on or before 30 November 2021; upon such filing, the limitation under Section 16(4) becomes inapplicable. The earlier adverse order in prior proceedings challenging Section 16(4) did not bar relief, as Section 16(5) furnished a fresh statutory basis. Relief was granted and the petition was disposed of. - HC
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