The Tribunal held that interest income earned from mandatory reserve fund deposits and co-operative bank accounts qualifies for deduction under Section 80P. It observed that temporarily parking surplus funds does not amount to carrying on a separate investment activity.
SC examined nature of amounts received from an AOP and upheld findings that receipts constituted profit share rather than revenue share. Court noted that such income could not be taxed again in member’s hands.
ITAT Delhi ruled that the holding period for capital gains purposes began from the date of full payment and transfer of possession under the agreement to sell, not the later registration date. The property was therefore treated as a long-term capital asset.
The Madras High Court held that the option under Section 36(1)(vii-a) of the Income Tax Act belongs exclusively to the assessee and cannot be substituted by the Assessing Officer. The Court directed recomputation of taxable income after rejecting the Department’s restrictive interpretation.
The Karnataka High Court directed release of goods and conveyance after noting that the petitioner had already complied with the appellate authority’s order imposing 200% tax penalty under Section 129(1)(a). The Court required an indemnity bond pending conclusion of revisional proceedings.
Kerala High Court held that interception of a vehicle travelling in the opposite direction of its declared destination constituted a strong prima facie circumstance supporting GST detention proceedings. The writ petition challenging the detention was dismissed.
The Andhra Pradesh High Court held that TTD qualifies as both a Governmental Authority and Governmental Entity under GST notifications. Assessment and appellate orders denying concessional GST benefits were set aside and remanded for fresh consideration.
The Punjab and Haryana High Court set aside retrospective cancellation of GST registration because the taxpayer was not informed through a show cause notice that such retrospective action was proposed. The Court held that authorities must clearly disclose the grounds and basis for proposed cancellation.
The Gujarat High Court held that arrest under Section 69 of the CGST Act was valid as the petitioner had been supplied with the “reasons to believe” and grounds of arrest. The Court ruled that verbatim signed copies were not mandatory.
Patna High Court ruled that recovered GST amounts should be returned to the taxpayer after withdrawal of the assessment order. The dispute related to tax demand issued through Form GST DRC-07.
