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Archive: 22 December 2022

Posts in 22 December 2022

Customs Tariff (Determination of Origin of Goods under Ind­Aus ECTA) Rules, 2022

December 22, 2022 2253 Views 0 comment Print

Customs Tariff (Determination of Origin of Goods under the India-Australia Economic Cooperation and Trade Agreement) Rules, 2022- Notification No. 112/2022-Customs (N.T.), Dated: 22.12.2022  MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi, the 22nd December, 2022 Notification No. 112/2022-Customs (N.T.) G.S.R. 897(E).—In exercise of the powers conferred by sub-section […]

Activity of project developer not leviable to service tax under category ‘Real Estate Agent’

December 22, 2022 561 Views 0 comment Print

CESTAT Ahmedabad held that as per the development agreement it is clear that activity of the appellant is of project developer and not as real estate agent and hence service tax not leviable.

Amount of executive search fee is not ‘fee for technical services’ and hence not taxable

December 22, 2022 540 Views 0 comment Print

ITAT Mumbai held that Executive search fee is not ‘fee for technical services’ under Article 12(5)(a) as well as 12(5)(b) of the India Netherlands Tax Treaty.

Compensation for pre-closure of BOT project is capital receipt hence not taxable

December 22, 2022 861 Views 0 comment Print

ITAT Pune held that the amount received as compensation for pre-closure of BOT (Build, Operate, Transfer) project is capital receipt. Hence, treating the same as revenue receipt by invoking provisions of section 28(ii)(d) of the Income Tax Act is unsustainable in law.

Difference of grounds between Order & SCN: Delhi HC quashes proceedings

December 22, 2022 2352 Views 0 comment Print

Delhi High Court in the case of Usha Rani Girdhar v. ITO held that Assessing officer cannot add primary allegation in Notice by issuing Supplementary Notice.

Clause by clause analysis of other disclosures in Annual Returns – GST Audit Series (Part 6)

December 22, 2022 10878 Views 0 comment Print

Table 14 includes differential tax on account of 10 and 11 above. However, there could be a scenario wherein there is a need to reverse the wrongly availed credit in table 12. Since, the annual return provides for payment of taxes, in table 14, liability from table 12 can also be considered in view of the authors.

ITC available on canteen facility provided to direct employees working in factory

December 22, 2022 9015 Views 0 comment Print

In re Tata Motors Limited (GST AAAR Gujarat) Whether input tax credit (ITC) available to applicant on GST charged by service provider on canteen facility provided to employees working in factory? 2. If ITC is available as per question no. (1) above, whether it will be restricted to the extent of cost borne by the […]

AAR rejects Advance ruling application filed without payment of requisite fees

December 22, 2022 381 Views 0 comment Print

In re Rohitash Gupta (GST AAR West Bengal) Thus it appears that the applicant has filed this application without the payment of requisite fees and the instant application is, therefore, found liable to be rejected. Accordingly the applicant has been communicated and asked to furnish a written submission by 02/11/2022 through e-mail. However, no clarification […]

Right to use of parking space with sale of apartments is not a composite supply

December 22, 2022 7119 Views 0 comment Print

AAR ruled that providing the right to use of car parking space along with the sale of apartments doesn’t constitute composite supply. The supply of services for the right to use of parking space would be taxable at 18% GST

GST on health care services to senior citizens at their door step

December 22, 2022 2490 Views 0 comment Print

In re Snehador Social & Health Care Support LLP (GST AAR West Bengal) Whether the services rendered by the applicant for health care to senior citizens at their door step comes under exemption category and what will be the classification of such services? Services of regular medical monitoring along with other logistic support as provided […]

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