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Archive: 12 April 2022

Posts in 12 April 2022

No supply of services by employer by paying part consideration of employees’ refreshments

April 12, 2022 1767 Views 0 comment Print

In re Cadila Healthcare Limited. (GST AAR Gujarat) Whether the subsidized deduction made by the Applicant from the employees who are availing food in the factory/corporate office would be considered as a supply by the Applicant under the provisions of Section 7 of Central Goods and Service Tax Act, 2017 and Gujarat Goods and Service […]

AAr can give ruling only on supply being undertaken or proposed to be undertaken

April 12, 2022 651 Views 0 comment Print

In re Royal Techno Projects (India) Pvt. Ltd. (GST AAR Gujarat) Vide email dated 1-4-22, M/s Royal submitted Work Order dated 1-12-20 for Widening & Strengthening Costg. Slab Drain of Asoj Pilol Road (VR) of Vadodara District under MMGSY 2019-20, from Gujarat State Road and Building Department. We find that vide the Tender to this […]

Recipient of Services cannot apply to know SAC & GST rate: AAR

April 12, 2022 921 Views 0 comment Print

In re Surat Smart City Development Ltd. (GST AAR Gujarat) Recipient of supply may seek Rulings in cases pertaining to admissibility of ITC of tax paid or deemed to have been paid (Section 97(2)(d)) or when the recipient is liable to pay tax under RCM. We find no such case before us to hold that […]

‘Anna Malai Mithai’ classifiable under HSN 2106 90 as ‘Sweetmeat’

April 12, 2022 5721 Views 0 comment Print

In re Anand Products (GST AAR Madhya Pradesh) Whether the product ‘Anna Malai Mithai’, manufactured and supplied by the applicant containing the ingredients Sugar, Vegetable Fat, Skimmed Milk Powder, Whey Powder, Emulsifier and other permitted Flavour’s, which is identical to the commonly known Indian sweet ‘Rabdi’, should be classified under the Tariff Heading 2106 as […]

ITAT explains time period for passing of Section 154 Order

April 12, 2022 2820 Views 0 comment Print

ADM Agro Industries Latur & Vizag Pvt. Ltd Vs DCIT (ITAT Delhi) The grievance of the assessee is that impugned order passed by the A.O is illegal and barred by time. Section 154(7) of the Act prescribes the limitations for the passing order u/s 154 of the Act. For the sake of clarity, same is […]

Penalty cannot be imposed merely for decline of claim under bonafide belief by Assessee

April 12, 2022 2460 Views 0 comment Print

Lahmeyer Holding GambH Vs DDIT (ITAT Delhi) Assessee on the basis of bonafide belief to the effect, as the Assessee do not have PE in India qua projects on the basis of which income has been earned, therefore offered its income for tax on presumptive basis u/s 44BBB of the Act which prescribe the tax […]

Assessment order cannot be passed without considering direction of DRP on timely objection filed by Assessee against Draft Assessment order

April 12, 2022 5100 Views 0 comment Print

Fiberhome India Private Limited Vs National E-Assessment Centre (Delhi High Court) 1. This petition has been filed by the petitioner challenging the Final Assessment Order dated 30.06.2021 passed by the respondent under Section 143(3) read with Section(s) 144C(3) and 144B of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) for the Assessment […]

One arrested by DGGI Gurugram officials for fraudulently availing IITC

April 12, 2022 1440 Views 0 comment Print

One arrested by DGGI Gurugram officials for fraudulently availing Input Tax Credit of more than Rs 16 crore The Directorate General of GST Intelligence (DGGI) Gurugram Zonal Unit (GU), Gurugram, has unearthed a case wherein a series of entities controlled by a person as Proprietor / Director of M/s Umang Overseas, M/s Ulagarsan Impex Put […]

ICSI Clarification Regarding Obtaining Mandatory CPE Credits

April 12, 2022 858 Views 0 comment Print

The Institute of Company Secretaries of India April 11, 2022 CLARIFICATION REGARDING OBTAINING THE MANDATORY CPE CREDITS Dear Professional Colleague, This is in continuation to the communication dated March 26, 2022 regarding extension of last date for obtaining the mandatory CPE Credits for the year 2021-22 by three months i.e. till June 30, 2022. The […]

Peer Review Mandate – Roll Out – (Revised)

April 12, 2022 2856 Views 0 comment Print

It was clarified that holding a valid Peer Review certificate by Practice Units (referred to as ‘firms’ in the Announcement dated 12.02.2022) should be a pre requisite for undertaking audit of all entities falling under phase I; II; III and IV of the mandate from respective dates of mandate becoming operative.

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