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Engineering Analysis Centre Of ... vs The Commissioner Of Income Tax on 2 March, 2021

(iii) In the present case of the assessee, the issue is of "GST". As held by Hon'ble Apex Court in the case of Chowringhee Sales Bureau (P.) Ltd. v. CIT [1973] 87 ITR 542 (SC), the sales tax collected by the assessee is revenue receipt even if it is shown by the assessee under non-revenue head and such treatment by the assessee is not decisive. Accordingly, not only the provisions of s.43B are applicable in the case of assessee as GST is a "tax", but also GST collected by the assessee is revenue receipt even if it is shown by the assessee under non- revenue head and such treatment by the assessee is not decisive.
Supreme Court of India Cites 167 - Cited by 1029 - R F Nariman - Full Document
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