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Ca Anilkumar Shah

Latest Posts by Ca Anilkumar Shah

Recent Supreme Court Judgment on ITC Reversal: Suncraft Energy Case Analysis

December 21, 2023 28332 Views 1 comment Print

Explore the recent Supreme Court judgment on ITC reversal in the Suncraft Energy case under the West Bengal Goods and Services Tax Act. This in-depth analysis covers the facts, the Calcutta High Court ruling, and the Supreme Court’s decision, highlighting key implications for assessees. Understand the conditions for availing ITC, the role of GSTR forms, and the precedents set by the judiciary. Learn why the Supreme Court’s dismissal of the appeal and the absence of a contradictory well-reasoned judgment strengthen the position in favor of the assessee

Contribution by Charitable Trusts – Current Legal Status in Maharashtra

June 24, 2022 15630 Views 1 comment Print

Understand the current legal status of contribution by charitable trusts in Maharashtra. Get insights into the provisions, exemptions, and important judgments.

Trusts, CPC & Form of Return of Income: “Form” Over Substance?

September 2, 2020 1773 Views 1 comment Print

Many trusts are facing issues for not filing the return of income in correct form No.7. This may be due to the fact that trusts do not have qualified staff with them or that at small places proper tax consultants are not available. May that be so. But, such returns are processed by CPC treating […]

CPC & issues in processing of Section 10(23C)(iiiad) exemption

September 2, 2020 49983 Views 5 comments Print

Charitable Trusts having multiple educational institutions are facing many issues especially of exemptions u/s 10(23C)(iiiad) of the Income Tax Act, 1961, in processing of returns by CPC and in assessments. Following is an analysis of the section and the legal precedents. 1. The law Section 10(23C)(iiiad) reads as under – Incomes not included in total […]

TDS on Exempt Incomes (Especially Agricultural income)

March 27, 2020 50264 Views 7 comments Print

It is obvious that the TDS provisions are going to be expanded day by day even in the direct Tax Code era. In the process to recover more and more tax through this mode of recovery, in many cases tax is also deducted from incomes which are expressly exempt. Many cases are wandering the corridors of various courts of law on this ground. This is also reflected in the decided cases. It seems that the issue gets complicated with the increase of TDS coverage. It will be interesting to go through the law and the judge-made law on the issue.

Two Important Issues under LBT

April 14, 2016 5509 Views 1 comment Print

Two queries are coming every day in and day out under LBT- A. Whether the turnover of sale made from the city to outside the city is covered or not, specifically in view of clarification dt. 15-9-2015? B. Whether the tax paid under amnesty is subject to interest and penalty again when the turnover on assessment is found more than declared under the amnesty scheme? My views on the same are as follows-

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