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Archive: 09 December 2021

Posts in 09 December 2021

Solar power Generating System classifiable under HSN Code 8541

December 9, 2021 64824 Views 0 comment Print

In re Apex Powers (Legal Name Anupam Varshney) (GST AAR Uttar Pradesh) Q-1 Under Chapter 85  what is the correct 4 digit HSN  code classification  for solar  power generating system? Ans-The 4 digit HSN Code of ‘’Solar power Generating System’ is 8541. Q-2 What constitutes solar power generating system 85. what are the various components […]

GST payable on O&M Expenses charged from subsidiary companies

December 9, 2021 2442 Views 0 comment Print

In re Uttar Pradesh Power Corporation Limited (GST AAR Uttar Pradesh) Q-1 Whether there is a supply of service by the applicant  Corporation in recovery of expenses  from DISCOMs as well as UPPTCL and other power companies by way of book entries and hence, liable to GST. ANS-1 The Application  is liable to pay GST […]

GST payable under RCM on ocean freight in the case of imports on CIF value

December 9, 2021 16590 Views 0 comment Print

In re Sangal papers Limited (GST AAR Uttar Pradesh) Q1. When GST has been paid on the Freight in the case of indigenous Supplies, whether the Supplier  is required to pay again GST on the freight under RCM. Ans- In the term of Notification No.13/2017-Central Tax (Rate) dated 28.06.2017 (as amended)  The Applicant is liable […]

Procedure for amendment of seal number in IGM-reg

December 9, 2021 4182 Views 0 comment Print

Attention of all the Shipping Lines/Shipping Agents, importers, exporters, Custom Brokers and member of the Trade are invited to Public Notice No. 99/2021 dated 06.12.2021 issued by the Commissioner of Customs (NS-Gen), JNCH regarding procedure for re-sealing of containers with broken/absence/mismatch of seal including tampered seal to be followed at Port Terminals.

Easy Process to Verify Your Income Tax Return After Filing

December 9, 2021 8400 Views 3 comments Print

Tax filing is not only about the filing and submission of income tax returns (ITR). The last step to successfully accomplish the process in rectifying the ITR under 120 days of presenting it, failing where the ITR is deemed invalid. Here are the 6 methods to verify your ITR along with easy steps. Where 5 […]

Reopening of assessment merely based on change of opinion of AO not sustainable

December 9, 2021 1707 Views 0 comment Print

Reopening of the assessment was questioned by the petitioner. The principal reason for reopening was advertisement and marketing expenditure incurred by the petitioner was not deductible in view of section 37, as petitioner was prohibited from advertising under the provisions of Indian Medical Council Act, 1956

Disallowance of Foreign Tax Credit due to delay in filing of Form No. 67 not tenable in law

December 9, 2021 16110 Views 0 comment Print

(i) Rule 128(9) of the Rules does not provide for disallowance of FTC in case of delay in filing Form No.67; (ii) Filing of Form No.67 is not mandatory but a directory requirement and (iii) DTAA overrides the provisions of the Act and the Rules cannot be contrary to the Act.

Fast Track Merger Process- Section 233 of Companies Act, 2013

December 9, 2021 6681 Views 1 comment Print

Fast Track Merger Section 233 of Companies Act, 2013 – Merger or Amalgamation of certain companies {Rule 25 of Companies (Compromises, Arrangements and Amalgamations) Rules, 2016} In Fast Track Merger, a scheme of merger or amalgamation may be entered into between 1. two or more small companies, or 2. a holding company and its wholly-owned […]

Excess amount paid by appellant is merely a deposit not a duty; Refund allowable

December 9, 2021 666 Views 0 comment Print

Pearl Drinks Limited Vs C.G. & S.T. Jammu (CESTAT Chandigarh) It is a fact on record that at the time of clearance of goods, the appellant paid duty and claim refund thereof only, there is a Cenvat credit relying in Cenvat credit account unutilized due to return of goods already cleared by the appellant on […]

Anticipatory bail is a statutory right & custodial interrogation is neither warranted nor provided under CGST Act

December 9, 2021 3744 Views 0 comment Print

HC Held that, anticipatory bail is a statutory right, and detention in judicial custody would affect the assessee’s business. Further, allowed the bail application, since the custodial interrogation is neither warranted nor provided under the Central Goods and Services Tax Act., 2017

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