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...
The U.P. GST law did not exclude prosecution under the general penal law for alleged creation of fake firms, fictitious invoices and wrongful input tax credit claims, because its without prejudice clause preserves other penal provisions and does not bar an FIR for offences under general criminal law. The Court rejected the plea that the Bharatiya Nyaya Sanhita was inapplicable merely because GST offences were also alleged. On the facts, prima facie material showed involvement in creating a fictitious firm, generating false e-way bills through another bogus concern, and evading tax without actual movement of goods, so bail was refused.
The U.P. GST law did not exclude prosecution under the general penal law for alleged creation of fake firms, fictitious invoices and wrongful input tax credit claims, because its without prejudice clause preserves other penal provisions and does not bar an FIR for offences under general criminal law. The Court rejected the plea that the Bharatiya Nyaya Sanhita was inapplicable merely because GST offences were also alleged. On the facts, prima facie material showed involvement in creating a fictitious firm, generating false e-way bills through another bogus concern, and evading tax without actual movement of goods, so bail was refused.
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