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Archive: October, 2022

Posts in October, 2022

AO cannot mechanically apply provisions of section 56(2) to difference in value

October 21, 2022 5415 Views 0 comment Print

Mohd. Ilyas Ansari Vs ITO (ITAT Mumbai) Assessing Officer mechanically applied provisions of section 56(2) to difference between stamp duty value and actual sale consideration paid by assessee and made additions, without making any efforts to find out actual cost of property, additions made by Assessing Officer were to be set aside. In this case […]

CBIC extend due date of filing GSTR 3B to 21st day of October, 2022

October 21, 2022 8031 Views 0 comment Print

Due date for furnishing FORM GSTR-3B for September, 2022 month extended till 21st day of October, 2022. Notification No. 21/2022-Central Tax

GTA service: GST payable on Value of free diesel filled by service recipient

October 21, 2022 2007 Views 0 comment Print

The value of free diesel filled by the service recipient in the vehicle(s) provided by the applicant will subject to the charge of GST by adding the free value of diesel to arrive at the transaction value of GTA service.

UK CAMPA falls under State Government category under CGST Act, 2017

October 21, 2022 1980 Views 0 comment Print

In re M D Power Transmission Corporation of  Uttaranchal Limited (GST AAR Uttarakhand) Q1. Whether UK CAMPA, falls under the ambit of the definition of “Government” as laid under section 2(53) of the Central Goods & Service Tax (CGST) Act, 2017? A1. UK CAMPA falls under the category of State Government as per the provisions […]

Value of rent free space, free water & electricity will form part of value of supply

October 21, 2022 834 Views 0 comment Print

In re Vinayak Air Products Private Ltd (GST AAR Uttarakhand) Whether the water and electricity charges as well as the notional rent of the land, provided free of charge by BHEL, CFFP to the applicant, shall form part of the value of supply of oxygen gas by the applicant? Section 15(2)(b) ibid specifically includes any […]

GST on ‘coal rejects’ whose invoice is raised upon washery/job-worker

October 21, 2022 3915 Views 0 comment Print

In re Punjab State Power Corporation Limited (GST AAR Punjab) (i) Whether the ‘coal rejects’ whose invoice is raised by Applicant upon washery/job-worker, is taxable under GST Act and Compensation Cess Act in the hands of Applicant? Yes, Coal rejects are to be classified under HSN 2701 and are taxable at 5% GST Rate Rs. […]

Amazon neither seller nor supplier of product cannot be hauled into criminal proceedings

October 21, 2022 1458 Views 0 comment Print

Karnataka High Court held that the petitioner therein Amazon, neither seller nor supplier of the product in question could not have been hauled into the proceedings of a crime. Further, without arraigning the Company as an accused, the Directors of the company cannot be hauled into the proceedings.

Tax exemption available to defence personnel invalidated from service due to bodily disability

October 21, 2022 11736 Views 3 comments Print

ITAT Delhi held that income tax exemption shall be available to the Defence Forces Personnel who have been invalidated from service on account of bodily disability while in service.

Activities of society for benefit of general public is eligible for Section 11 deduction

October 21, 2022 963 Views 0 comment Print

ITAT Mumbai held that activities of the appellant-society directed towards the benefit of investors and potential investors forming part of the general public which are note limited to the benefit of its members is eligible for deduction u/s 11 of the Income Tax Act, 1961

Registration of a second Society with same name is impermissible

October 21, 2022 4497 Views 0 comment Print

Karnataka High Court held that section 7 of the Karnataka Societies Registration Act, 1960 mandates that once a society is registered with a particular name, another society should not be registered with undesirable names.

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