Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
A High Court quashed a show cause notice for misapplying the CGST/KGST Act. It held that Section 52 could not be invoked where the e-commerce operator did not collect consideration and was not shown to be collecting tax on behalf of suppliers; the notice also wrongly treated a separate affiliated entity's services as the petitioner's own. Section 17(2) was held inapplicable because the notice did not establish any mixed use for taxable and exempt supplies or any exempt supply attracting reversal of input tax credit. Section 74 could not be invoked without specific allegations of fraud, wilful misstatement or suppression with intent to evade tax. The writ was therefore maintainable and the notice was quashed.
A High Court quashed a show cause notice for misapplying the CGST/KGST Act. It held that Section 52 could not be invoked where the e-commerce operator did not collect consideration and was not shown to be collecting tax on behalf of suppliers; the notice also wrongly treated a separate affiliated entity's services as the petitioner's own. Section 17(2) was held inapplicable because the notice did not establish any mixed use for taxable and exempt supplies or any exempt supply attracting reversal of input tax credit. Section 74 could not be invoked without specific allegations of fraud, wilful misstatement or suppression with intent to evade tax. The writ was therefore maintainable and the notice was quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
