Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
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Where an assessee permits its bank account and charitable status to be used for routing funds and claims exemption under sections 11 and 12 on that basis, it cannot avoid taxability by describing itself as a mere conduit. The Tribunal found that the assessee was a party to the arrangement by which donations were routed through its account and shown as application for educational purposes, while the funds were effectively taken back by the beneficiary group. The reliance on an earlier pass-through case was held distinguishable. The addition was upheld in the assessee's hands, the plea that only the ultimate beneficiary could be taxed was rejected, and the appeal was dismissed.
Where an assessee permits its bank account and charitable status to be used for routing funds and claims exemption under sections 11 and 12 on that basis, it cannot avoid taxability by describing itself as a mere conduit. The Tribunal found that the assessee was a party to the arrangement by which donations were routed through its account and shown as application for educational purposes, while the funds were effectively taken back by the beneficiary group. The reliance on an earlier pass-through case was held distinguishable. The addition was upheld in the assessee's hands, the plea that only the ultimate beneficiary could be taxed was rejected, and the appeal was dismissed.
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