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Judiciary

Section 80G Approval Cannot Be Denied Merely Because Trust Has Fee Receipts or Surplus – ITAT Directs CIT(E) to Grant Approval

March 6, 2026 687 Views 0 comment Print

The Tribunal found that the authority misapplied the law by relying on provisions relating to donor deductions rather than approval conditions for institutions. Since the trust fulfilled statutory requirements, the rejection of approval was set aside.

Corpus or Sinking Fund Collected by Housing Society Is Taxable as Advance Under GST

March 6, 2026 3492 Views 0 comment Print

The Karnataka AAR held that the exemption for housing society contributions must be calculated on a monthly basis per member. The ruling clarified that the threshold cannot be aggregated annually even if billing is done quarterly or annually.

Electricity & Water Charges Recovered by Housing Society Taxable Under GST

March 6, 2026 1428 Views 0 comment Print

The AAR held that corpus fund contributions collected by a housing association are advances for future services and constitute a taxable supply. GST becomes payable at the time of collection under the time-of-supply provisions.

Corpus Fund Collected by Housing Society taxable under GST as It Is Advance for Future Services

March 6, 2026 1299 Views 0 comment Print

The Karnataka AAR held that corpus fund contributions collected by an apartment association constitute a supply under GST as they represent advances toward future services. GST is therefore payable at the time of collection of the corpus fund.

Used Car Dealer Can Claim ITC on Business Expenses as ITC Restriction Applies Only to Vehicles

March 6, 2026 714 Views 0 comment Print

The AAR held that the ITC restriction under Notification 08/2018 applies only to the used motor vehicles themselves. Dealers can claim ITC on refurbishment, marketing, rent, and other business expenses.

GST Not Payable on Solid Waste Services as They Are Pure Services to Gram Panchayat

March 6, 2026 768 Views 0 comment Print

The Authority ruled that solid waste management services provided to a Gram Panchayat qualify as exempt “pure services” under Notification 12/2017 as they relate to sanitation functions under Article 243G.

GST Applicable on RWA Corpus Fund Since It Represents Advance Toward Future Supply of Services

March 6, 2026 942 Views 0 comment Print

The Karnataka AAR held that corpus funds collected by apartment associations are advances for future services and therefore constitute consideration under GST. Tax becomes payable at the time of collection.

GST Advance Ruling Rejected as Refund Claim Under Inverted Duty Structure Is Outside AAR Jurisdiction

March 6, 2026 522 Views 0 comment Print

The AAR held that questions relating to refund of accumulated input tax credit under the inverted duty structure fall under refund provisions and cannot be decided through advance ruling.

Clubbing Multiple Financial Years in One GST Notice Unsustainable Under CGST Act: Bombay HC

March 6, 2026 1290 Views 0 comment Print

The Court held that a single show cause notice under Section 74 of the CGST Act cannot cover multiple financial years. Such consolidation violates the statutory limitation structure and prejudices the assessee’s rights.

DRT Allows Bank’s Recovery Claim as Borrower Remained Ex Parte & Default Was Proven

March 6, 2026 417 Views 0 comment Print

The DRT Karnataka allowed recovery of ₹99.81 lakh after the borrower failed to appear and the bank’s documents proved the loan, hypothecation, and default. The tribunal granted recovery with 12% simple interest.

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