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...
A High Court held that a show cause notice under Section 73 was unsustainable where it rested on a factually incorrect audit premise, the supporting audit report was not supplied, and the notice failed to disclose the material particulars needed for an effective reply. The notice alleged excess input tax credit, ITC mismatch, reverse charge liability and undischarged tax liability, but did not set out the basis for those allegations. Reading Section 73(3) with natural justice, the Court ruled that the assessee must be informed of the precise tax, interest and ITC discrepancies. The notice was set aside, with liberty to proceed afresh in accordance with law.
A High Court held that a show cause notice under Section 73 was unsustainable where it rested on a factually incorrect audit premise, the supporting audit report was not supplied, and the notice failed to disclose the material particulars needed for an effective reply. The notice alleged excess input tax credit, ITC mismatch, reverse charge liability and undischarged tax liability, but did not set out the basis for those allegations. Reading Section 73(3) with natural justice, the Court ruled that the assessee must be informed of the precise tax, interest and ITC discrepancies. The notice was set aside, with liberty to proceed afresh in accordance with law.
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