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Archive: 30 April 2022

Posts in 30 April 2022

HC cannot Direct Govt to declare any Monument to be of National Importance

April 30, 2022 198 Views 0 comment Print

In our opinion, a petition for direction to State Govt for issuing a notification declaring any monument to be of national importance cannot be issued as it is the matter to be decided by the competent authority under the aforesaid Act.

Exception to Monetary Limit for filing Appeal not applies if Assessee discloses all about foreign income

April 30, 2022 2349 Views 0 comment Print

JCIT Vs ADF Foods Ltd. (ITAT Ahmedabad) In this case, the assessee himself has claimed that certain payments are covered in provisions of Section 5, 9, 195 of the Act and also under DTAA. Therefore, tax was not applicable. As per this letter, the assessee has explained that it is engaged in the business of […]

Concessional GST rate of 0.75% on construction applies to promoter & not to sub-contractor

April 30, 2022 3114 Views 0 comment Print

Concessional rate of CGST @ 0.75% as per entry No.3(i) of the Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, as amended by the Notification No. 03/2019-Central Tax (Rate) dated 29.03.2019 is not applicable to the applicant as the said entry is applicable only to the promoters, but not to the sub-contractors.

Penalty not imposable when CESTAT already decided issue in favour of Appellant

April 30, 2022 309 Views 0 comment Print

KEI Industries Ltd. Vs Commissioner of Central Excise (CESTAT Delhi) The officers of Directorate General of Central Excise Intelligence4 visited the factory of VKM on 29.11.2006, collected information, investigated and came to the conclusion that VKM had issued invoices without receiving any raw material and without manufacturing and supplying copper ingots. Based on this investigation, […]

SAD refund admissible even if VAT/Sales Tax rate is lower than rate of SAD or nil

April 30, 2022 1203 Views 0 comment Print

Principal Commissioner of Customs (Import) Vs M/s. Omya & Company (CESTAT Delhi) SAD is applicable at the time of import by way of an equitable levy in lieu of sales tax, so as to protect the domestic industry. Further, the Customs Tariff Act itself provides for refund of SAD on re-sale of the goods. The […]

No Vested Right To Receive Foreign Contribution: Supreme Court

April 30, 2022 1818 Views 0 comment Print

The Apex Court recognized that owing to high volume of inflow of foreign contribution and large-scale improper utilisation and misappropriation of foreign contribution, it was necessary for the Parliament to introduce the Amendment Act, to ensure proper receipt and utilization of foreign funds in accordance with the approval.

Effect of Covid-19 Pandemic on Insurance Industry

April 30, 2022 6207 Views 1 comment Print

Explore the impact of the Covid-19 pandemic on the insurance industry. Discover how this global crisis has reshaped the insurance landscape.

AAR cannot give ruling based on incomplete & inconclusive documents submitted by applicant

April 30, 2022 717 Views 0 comment Print

In re CLR Skills Training Foundation (Beeup Skills Foundation) (GST AAR Maharashtra) AAR find that, both the Agreements attached by the applicant as ‘Specimen Copies” in respect of the subject application do not provide a clear picture of the actual facts in respect of the present matter before us and we therefore, cannot answer the […]

AAR cannot give ruling on supply supposed to have been completed

April 30, 2022 555 Views 0 comment Print

In Re Aryan Contractor Pvt Ltd (GST AAR Maharashtra) The questions for obtaining an Advance Ruling can be asked by a supplier of goods or services or both, only in relation to the supply being undertaken or proposed to be undertaken and not in relation to any supply of goods or services or both which […]

Applicant is an intermediary if acts as a conduit between a Company & its customers

April 30, 2022 1680 Views 0 comment Print

AAR held that assessee providing marketing services to a foreign company and acting as a conduit between a foreign company and its Indian customers to be considered as intermediary.

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