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Archive: November, 2021

Posts in November, 2021

Transfer/postings of 31 officers in the grade of PCIT/PDIT

November 29, 2021 5586 Views 0 comment Print

Vide Office Order No. 321 of 2021 transfer/postings of 31 officers in the grade of Principal Commissioners of Income Tax/Principal Directors of Income Tax, are ordered by CBDT and in addition to that 83 officers are given additional charge in the grade of PCIT/PDIT. F. No. A-22011/6/2021-Ad-VI Government of India Ministry of Finance Department of […]

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

November 29, 2021 1236 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 1560 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 5403 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 621 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 561 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 816 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 645 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 471 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 576 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.

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