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Archive: 29 November 2021

Posts in 29 November 2021

Supreme Court directs Integration of Technology adopted to streamline, monitor all stages in Govt. Revenue Litigation, to ITAT, CESTAT, Other Tribunals

November 29, 2021 855 Views 0 comment Print

SC issued directives for the adoption of Information and Communication Technology (ICT) for Tribunals. Further, directed the extension of Legal Information Management & Briefing System (LIMBS) with the IT Systems to CESTAT, ITAT and other Tribunals.

Parties in Transfer Pricing cases can take a stand contrary to their TP study

November 29, 2021 1080 Views 0 comment Print

ITAT has taken the view that it is open to the parties in Transfer Pricing cases to take a stand contrary to their TP study, if they contend that the stand taken in the TP study is contrary to facts or was erroneous. Such a claim cannot be disregarded only on the basis that it is contrary to Assessee’s own stand in the TP study.

Internal TNMM should be adopted over external TNMM while determining ALP

November 29, 2021 3543 Views 0 comment Print

ACIT Vs e4e Business Solutions India Pvt. Ltd. (ITAT Bangalore) TPO should choose the internal comparable in controlled transaction as against an external comparable The underlying object behind computing ALP of an international transaction is to find out the profits which such enterprise would have earned if the transaction had been with some third party […]

AAR Karnataka allows ‘Pavan Ventures’ to withdraw application

November 29, 2021 459 Views 0 comment Print

In re Pavan Ventures (GST AAR Karnataka) a. The firm supplies food in a day out package along with sports and adventure activities, whether it constitutes mixed supply? If yes, what is the rate of GST? b. If services provided on a day out package along with food, what is the GST rate? Or can […]

Advance ruling application liable for rejection if fees not paid

November 29, 2021 390 Views 0 comment Print

In re Smt. Maddi Sumalatha (GST AAR Karnataka) Rate of GST applicable to Areca Leaf Plates Machine pressed, But the Applicant, vide their email dated 29.10.2021, has informed this authority that they wish wish to withdraw their application. Further the applicant has to discharge fee of Rs.5,000/- each in terms of Section 97(1) of the […]

GST on Liquidated damages – AAR allows withdrawal of Application

November 29, 2021 666 Views 0 comment Print

In re Bank Note Paper Mill India Pvt. Ltd (GST AAR Karnataka) a. Applicability of GST on Liquidated damages for delay in supply as penalty (this is in nature of penalty) b. Applicability of GST on Liquidated damages for compensation of extra cost on account of default from the supplier (this is in the nature […]

Advance ruling application rejected for non-payment of fees under CGST Act

November 29, 2021 435 Views 0 comment Print

In re Johnson Lifts Pvt. Ltd (GST AAR Karnataka)  Whether Sl.No.3(v)(b) of Notification 11/2017-CT(Rate)-6% CGST is available, when- (a) Such building consists of more than one residential unit and falls under the definition of ‘residential complex’ But the Applicant, vide their letter dated 26.08.2021, informed this authority that they withdraw their application, filed for advance […]

Advance ruling application rejected for non-payment of fees under CGST/KGST Act

November 29, 2021 321 Views 0 comment Print

Applicant has not discharged the fee of Rs.5,000/- each under any of the CGST/KGST Act 2017 and hence the instant application is liable for rejction under Section 98(2) of CGST Act 2017. The application filed by the Applicant for advane ruling is hereby rejected for the reasons mentioned above.

GST on Tamarind seeds- AAR rejects application for non-payment of fees

November 29, 2021 369 Views 0 comment Print

The Applicant, vide their letter dated 16.08.2021, has informed this authority that they wish to withdraw their application. Further the applicant has to discharge fee of Rs.5,000/- each in terms of Section 97(1) of the CGST Act 2017 as well as KGST Act 2017, whereas the applicant has discharged the fee of Rs.5,000/- only under KGST Act 2017 and hence the instant application is liable for rejection under Section 98(2) of CGST Act 2017.

Value to be mentioned on E-Way Bill in case of Job Work- Application rejected

November 29, 2021 1095 Views 0 comment Print

In re Metalex Steel Strips Pvt.Ltd (GST AAR Karnataka) We do job work of slitting, cut to length and matt finishing of stainless steel sheets with HSN code 9988. Further above type of job work what value to be mentioned in e-way bill whether goods value or job work charges only. But the applicant, vide […]

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