"19 July 2022" Archive

Confusion around GST exemption on Non-branded food items w.e.f. 18th July, 2022

Confusion around applicability of GST exemption on Non-branded food items w.e.f. 18th July, 2022 The 47th GST Council meeting was held at Chandigarh, just before the 5th anniversary of the introduction of GST in India. Proposed several recommendations, an important recommendation was regarding withdrawal of exemptions on specified food it...

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GST applicability on renting services of residential dwelling w.e.f. 18.07.2022

GST applicability on renting services of residential dwelling w.e.f. 18.07.2022: Analysis of amendments in GST applicability on renting services of residential dwelling w.e.f. 18.07.2022: As per Entry 12 of Notification 12/2017- Central Tax Rate dated 28.6.2017, “Services by way of renting of residential dwelling for use as residence”...

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GST on Pre-Packaged & Labelled Farm Produce, fertlisers & other food items

GST on Pre-Packaged and Labelled Goods – Impact on Farm Produce, fertlisers and other food items. The GST council, in it’s 47th meeting held in the month of Jun-22 made an important decision to withdraw the exemption on supply of certain farm produce, food items, fertilisers and other similar commodities. This decision much to...

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Section 139(8A) & 140B – Eligibility, Applicability & Opportunity

Updated Income Tax Return has been introduced  by inserting a new sub-section (8A) to Section 139 of Income Tax Act, 1961 to provide an opportunity to taxpayers to rectify the mistake of omission of income in the Return of Income filed....

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HC excludes period of writ pending with it for filing of appeal with Appellate Authority

Hemraj Jain Vs State of West Bengal (Calcutta High Court)

Hemraj Jain Vs State of West Bengal (Calcutta High Court) Section 107 of the WBGST 2017 Act provides that any person aggrieved by any decision or order passed under this Act by an Adjudicating Authority may appeal to such Appellate Authority as may be prescribed within three months from the date on which such decision […]...

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Analysis of GST amendments for services by a Goods Transport Agency

A) Removal of certain Exemptions related to services of transportation of goods by a Goods Transport Agency (GTA): Notification No. 04/2022- Central Tax (Rate) dated 13.7.2022 amends service exemption Notification 12/2017- Central Tax (Rate) dated 28.6.2017 and removes exemption as provided against Serial No. 21, in column (3), Clauses (b...

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Departmental appeal rejected by ITAT as monetary tax amount less than 50 Lakhs

Jurisdictional Income-tax Officer Vs Elphinstone Paper Box Manufacturing Co. (ITAT Mumbai)

Held that tax effect in the departmental appeal is less than Rs. 50 Lakhs as revised vide circular dated 08/08/2019. Appeal rejected....

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Share of client pledged by broker cannot be treated as his undisclosed investment

DCIT Vs Trustline Securities Pvt. Ltd (ITAT Delhi)

Held that broker pledged the shares of the clients with banks for obtaining bank finance. It is not justified to take value of shares pledged as undisclosed investment of the broker....

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TDS u/s. 194C deductible on Common Maintenance Charges

Nijhawan Travel Service Pvt. Ltd. Vs ACIT (ITAT Delhi)

Held that the payment towards CAM charges are in the nature of contractual payment which are made for availing services/ facilities. Accordingly, TDS is deductible u/s. 194C...

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Rule 6 (3) of CCR, 2004: Revenue cannot choose one of options and force it upon assessee

Agrawal Metal Works Pvt. Ltd. Vs Commissioner of Central Goods and Service Tax (CESTAT Delhi)

Agrawal Metal Works Pvt. Ltd. Vs Commissioner of Central Goods and Service Tax (CESTAT Delhi) It is undisputed that the appellant has been manufacturing goods on job work basis and has been clearing them without paying duty as per the Notification No. 214/86-CE dated 25.03.1986. If the activity amounted to manufacture- which has not been ...

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