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Archive: 23 May 2022

Posts in 23 May 2022

Can a Certificate issued under CGST Rule 89(2)(m) by a CA, be made a basis, for Arrest u/s 69 read with section 132 of the CGST Act?

May 23, 2022 52770 Views 3 comments Print

Understanding the arrest of CAs for alleged fraudulent issuance of certificates in GST cases. Explore the interpretation and implementation of CGST Act provisions.

Disallowance of interest on loan on Plant & Machinery and Capital WIP by capitalizing it is unsustainable

May 23, 2022 4872 Views 0 comment Print

Held that order of CIT(A) sustained on the issue restricting the disallowance of non-capitalization of interest on bank loan on Plant & Machinery and on account of non-capitalization of interest expenditure on Capital Work in Progress u/s 36(1)(iii) of the Income Tax Act.

Analysis of SC Judgement on GST under RCM on Ocean Freight

May 23, 2022 20109 Views 1 comment Print

Learn about the recent Supreme Court judgment on GST under RCM on ocean freight. Understand the issue and questions of law raised and decided.

Junkets & Corporate Gifts are under lens of Income Tax Authorities in light of Section 194R

May 23, 2022 3138 Views 1 comment Print

Uncover the impact of Section 194R on junkets and corporate gifts. Learn how income tax authorities are scrutinizing these expenses.

Section 271(1)(c) obliterated as AO failed to specify specific Limb for levy of penalty

May 23, 2022 1272 Views 0 comment Print

Malook Nagar Vs ACIT (ITAT Delhi) Since the AO has not been specified u/s 274 as to whether penalty is proposed for alleged ‘concealment of income’ OR ‘furnishing of inaccurate particulars of such income’, the penalty levied is hereby obliterated. FULL TEXT OF THE ORDER OF ITAT DELHI The present appeals have been filed by […]

GST exempt on supply of Occupational Health Check-up service by hospital

May 23, 2022 5127 Views 0 comment Print

In re Baroda Medicare Private Limited (GST AAAR Gujarat) The issue raised by the appellant in the present case is whether the supply of Occupational Health Check – up service by the hospital i.e. nursing staff, doctors, paramedical staff on hospital’s payroll, working in different corporate for providing health check-up service, ambulance facility, and allied […]

Shop in Security Hold Area of Airport cannot be said to be located outside India

May 23, 2022 1002 Views 0 comment Print

Appellant’s shop in SHA cannot by any stretch of imagination be said to be located outside India. Instead, we find that the appellant’s shop is located within India, as defined under s2(56) of the CGST Act, 2017 read with s2 (27) of the Customs Act, 1962.

GST on supply of food items/newspapers in trains or at platforms

May 23, 2022 2163 Views 0 comment Print

In re Deepak & Co. (GST AAAR Delhi) The Appellate Authority for Advance Ruling passed the following order: 1. The GST rate on supply of food and/or drinks by the appellant whether in trains or at platforms (static units), will be 5% without ITC. 2. In respect of supply of newspapers, the same are exempted under […]

GST appellate authority cannot condone beyond prescribed period

May 23, 2022 1089 Views 0 comment Print

AAAR, Delhi in In re Indian Institute of Corporate Affairs held that the delay in filing an appeal beyond prescribed limit can’t be condoned

GST exempt on supply of Occupation Health Check­up Service

May 23, 2022 1968 Views 0 comment Print

In re Baroda Medicare Private Limited (GST AAAR Gujarat) AAAR held that supply of Occupation Health Check­up Service by the hospital i.e. nursing staff, Doctors, Paramedical staff on hospital’s payroll working in different corporate for providing health check-up services, ambulance facility and allied medical services to their employees and also the camps conducted for health […]

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