S. 11 : Property held for charitable purposes – Income applied for the object of the Trust -Promotion of sports, games and providing recreation facilities to the public at large and to the members in particular and therefore receipts on account of compensation from decorator against gymkhana function, miscellaneous income and compensation from caterer (restaurant) cannot be construed as activities in the nature of trade, commerce or business for the purpose of the proviso to S. 2(15) of the Act- Capital expenditure allowed as application of income – Depreciation is allowable [ S.2(15), 12 , 13, 32 ]
CIT ( E ) v. Matunga Gymkhana (2020) 189 DTR 392/ 314 CTR 818( Bom) (HC)
Digest of case laws
Online digest of latest case laws
This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
Click here to download the pdf versions of the Digest of case laws S. 11 : Property held for charitable purposes – Carry forward of deficit – Allowed to be set off against income of the subsequent year . [ S. 12,32 , 72 ]
CIT ( E ) v Rustomjee Kerawalla Foundation ( Bom) (HC) (UR)S. 10A : Free trade zone – Deduction to be computed before adjusting business loss or Depreciation [ S. 10B, 70, 71, 72 , 74,80IA(5), 80IA(6) ]
PCIT v Aesseal India Pvt Ltd ( Bom) (HC) (UR)GST – Powers – S. 83 of the SGST Act, 2017.
Writ applicant seeks to challenge the action of blockage of the input tax, provisional attachment of the stock of goods, provisional attachment of its Bank Accounts in exercise of powers under Section 83 of the SGST Act, 2017.
GST – Applicability of Rule 117 of CGST
Rules
“Whether the due date contemplated under Rule 117 of the Rules to claim transitional credit is procedural in nature or a mandatory provision? “
GST –AAR- Maharashtra
“Whether the contractor can charge GST on the value of material supplied by the recipient of service? What should be the mechanism to calculate the taxable value as per section 15 of the Act? “
GST – AAR -Maharashtra
“The Applicant offers optional Parental Mediclaim insurance for employees’ parents. As per this scheme, the Applicant initially pays the entire premium and 50% of the premium is recovered from the respective employees who opt for parental insurance scheme. Whether recovery of 50% of Parental Health Insurance Premium from employees, amounts to supply of service under Section 7 of the CGST Act, 2017 and whether GST is payable on recovery of 50% of the insurance premium from the salary of the employees? “
GST – AAR-Karnataka
“Applicability of GST over and above Rs. 7,500; GST on reimbursement of electricity charges; GST on collection of sinking fund / corpus fund.”
GST – AAR- Kerala .
“Whether the discount provided by the Principal Company to their dealers through the applicant is taxable under the GST laws? Whether the amount shown in the Commercial Credit note issued to the applicant by the Principal Company attracts proportionate reversal of input tax credit? Is there any tax liability under GST laws on the applicant for the amount received as reimbursement of discount or rebate provided by the Principal Company as per agreement between the Principal Company and their dealers and also an agreement between the principal and distributors? “
S. 151 : Reassessment – Sanction for issue of notice –Joint Commissioner of Income tax -Reopening of assessment with the approval of Commissioner is held to be not valid [ S.147, 148 , 151(2) ]
PCIT v . Khushbu Industries ( 2019) BCAJ- January -P. 47 (Bom) (HC)