Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Belated filing of audit reports led the tribunal to remand claims for charitable exemption under sections 11 and 12 for reconsideration in light of the assessee's condonation application; the tribunal emphasised that denial of exemption does not permit taxing gross receipts without allowing expenditures incurred for charitable purposes. Where assessed as an association of persons on a commercial basis, income must be computed under the commercial method and expenditures allowable under the relevant provisions must be deducted against gross receipts. Separately, a penalty for receipt of sale consideration in cash was held unsustainable where the assessing officer did not record requisite satisfaction before initiating penalty proceedings and where cash consideration at registration did not attract the prohibition invoked.
Belated filing of audit reports led the tribunal to remand claims for charitable exemption under sections 11 and 12 for reconsideration in light of the assessee's condonation application; the tribunal emphasised that denial of exemption does not permit taxing gross receipts without allowing expenditures incurred for charitable purposes. Where assessed as an association of persons on a commercial basis, income must be computed under the commercial method and expenditures allowable under the relevant provisions must be deducted against gross receipts. Separately, a penalty for receipt of sale consideration in cash was held unsustainable where the assessing officer did not record requisite satisfaction before initiating penalty proceedings and where cash consideration at registration did not attract the prohibition invoked.
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