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Archive: July, 2022

Posts in July, 2022

CAIT request for clarification on GST on prepackaged & labelled goods

July 16, 2022 894 Views 0 comment Print

Important letter sent to Finance Minister, Smt. Nirmala Sitharaman requesting clarification on GST on prepackaged and labelled goods and also to defer the implementation of clauses in Notification No. 6/2022 and 07/2022-CGST (R) dated 13.07.2022 pertaining to prepackaged and labelled goods. Confederation of All India Traders “Vyapar Bhawan 925/1, Naiwala, Karol Bagh, New Delhi- 110005. […]

ITAT denied Section 11 & 12 exemptions for failure to File Form No. 10B Electronically

July 15, 2022 3117 Views 0 comment Print

Ahmedabad ITAT dismisses Ambica Trust’s appeal as it failed to electronically file Form 10B for exemptions under sections 11 and 12 of the Income Tax Act.

ITR and Bank Statements are sufficient to prove creditworthiness under Section 68: ITAT

July 15, 2022 16848 Views 0 comment Print

In present facts of the case, the Hon’ble ITAT held that ITR and bank statements were sufficient to prove the genuinety and for creditworthiness under Section 68 of Income Tax Act.

Gratuity exemption u/s 10(10) available to employee holding civil post under a state

July 15, 2022 2271 Views 0 comment Print

Held that an employee holding a civil post under a state is eligible for exemption towards amount of gratuity received under section 10(10) of Income Tax Act

Proceedings concluded due to no tax dues and zero tax effect

July 15, 2022 3459 Views 1 comment Print

Held that as the issue in question is in the academic interest and as there is no revenue implication as there are no tax dues and therefore there is zero tax effect, we close the present proceedings keeping the larger question on the Common Parlance Test open

Limitation period of provisional attachment not extended based on SC order post pandemic

July 15, 2022 3456 Views 0 comment Print

Held that the 180 days window in Section 5 contemplates an end-point whereas the Supreme Court in the Suo Motu writ petition sought to protect the starting-point, which was at the risk of being defeated by reason of the pandemic.

Time limits, based on circumstance, can be compelling guidelines or mandatory prescription

July 15, 2022 1254 Views 0 comment Print

Held that time limits placed by the legislature intends to enforce discipline in governance and could therefore be compelling guidelines or even mandatory prescriptions. Matter referred to three judge bench.

Set off of brought forward business loss & unabsorbed depreciation not available to ingenuine demerger

July 15, 2022 2061 Views 0 comment Print

Held that benefit of carried forward business losses and unabsorbed dep. u/s. 72A available only if the amalgamation/demerger is genuine

Revenue needs proper evidence to reject classification done by assessee

July 15, 2022 1698 Views 0 comment Print

Held that Revenue needs to adduce proper evidence to show that the goods are classifiable under a different heading than that claimed by the assessee. The onus is on the Revenue to establish that the item in question falls in taxing category as claimed by them.

GST on supply of Ayurvedic products under AYUSH Department licenses

July 15, 2022 9849 Views 1 comment Print

In re Incnut Lifestyle Retail Private Limited (GST AAR Telangana) The applicant claims to be manufacturing Ayurvedic products under licenses issued by AYUSH Department of Government of Telangana. The applicant therefore is of the opinion that all the products manufactured by the applicant can be classified as Ayurvedic medicaments under chapter sub-heading ‘30049011’ @12% under […]

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