Grant-funded R&D services by private entity to Central body are taxable supplies under GST Issue Scope of Supply: Whether R&D activities (manufacture of extracts, testing, reporting) performed by a private company under a grant-in-aid scheme (Ayurgyan) for a Central Council (CCRAS) constitute a taxable “supply” under GST, even if done on a “no-profit” basis.… Read More »
Deduction u/s 80GGC denied as donation to political party held to be bogus accommodation entry Issue Whether a deduction claimed under Section 80GGC for donations made to a political party is allowable when the Assessing Officer (AO) establishes that the donation was a “bogus” accommodation entry where cash was returned to the donor after… Read More »
Delayed Form 10AB for 80G approval to be treated as fresh application under Clause (iv); Rejection on limitation set aside Issue Whether the Commissioner (Exemptions) can reject an application for final registration under Section 80G(5)(iii) solely on the ground of delay, or if such a delayed application should be entertained under Section 80G(5)(iv) considering the… Read More »
Section 148 notice issued by Jurisdictional AO invalid under Faceless Scheme; Reassessment quashed Issue Whether a notice under Section 148 of the Income Tax Act, 1961, issued by a Jurisdictional Assessing Officer (JAO) is valid after the notification of the Faceless Assessment Scheme under Section 151A, or if such notices must mandatorily be issued by… Read More »
Settlement applications filed prior to 31-03-2021 deemed pending; retrospective bar u/s 245C(5) read down Issue Whether applications for settlement filed by assessees between 01-02-2021 and 31-03-2021 are valid and eligible for consideration by the Interim Board, despite the retrospective amendment to Section 245C(5) by the Finance Act, 2021, which prohibited filing applications on or after… Read More »
Trial Court can admit additional documents in tax prosecution u/s 276CC if necessary for adjudication Issue Whether the Trial Court is justified in invoking Section 91 of the CrPC to allow the Income Tax Department (complainant) to place additional documents on record, such as a Section 148 notice, during the pre-charge evidence stage of… Read More »
Penalty u/s 271D/E barred if order passed beyond six months from reference or assessment Issue Whether the penalty orders issued under Sections 271D and 271E are barred by limitation under Section 275(1)(c) if they are passed beyond six months from the end of the month in which the assessment order was passed or the… Read More »
80G registration allowed despite object clause mentioning studies abroad as funds utilized within India Issue Whether a charitable trust can be denied approval under Section 80G(5) solely because its object clause mentions providing financial assistance for studies “abroad,” even when the trust clarifies that funds are disbursed in India in Indian Rupees. Facts Application… Read More »
Section 68 addition deleted as genuine loan transactions merely transferred liability without benefit to assessee Issue Whether unsecured loans can be treated as unexplained cash credits under Section 68 when the transactions merely represent a transfer of liability between entities, and the identity, creditworthiness, and genuineness of the lenders have been established. Facts Chain… Read More »
Unsecured loan addition deleted as source of funds explanation not required for AY 2014-15 Issue Whether the addition made under Section 68 of the Income-tax Act, 1961, on account of bogus unsecured loans and interest disallowance is sustainable when the assessee has established the identity, creditworthiness, and genuineness of the transaction, and whether the requirement… Read More »