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Archive: 30 December 2022

Posts in 30 December 2022

Readily available food & beverages (not prepared in restaurant) not qualify as ‘restaurant services’

December 30, 2022 11976 Views 0 comment Print

Readily available food and beverages (not prepared in restaurant) sold over counter is supply of goods which is liable to applicable rate of GST Tax and not qualify as ‘restaurant services’.

Afforestation of plants by charitable trust is exempt from GST

December 30, 2022 1494 Views 0 comment Print

AAR held that activity of plantation is to be considered as charitable activity carried on by a Charitable Trust and is exempted from GST

No ruling by AAR if Applicant fails to submit sufficient documents

December 30, 2022 573 Views 0 comment Print

In re Shivam Developer (GST AAR Gujarat) Applicant have not submitted sufficient documents to decide the Ruling on the question sought for, therefore we are not inclined to pronounce the Ruling in absence of proper documents. We are of the view that the ruling can be pronounced on the basis of proper documents in support […]

No GST exemption on Treated Water’ obtained from CETP

December 30, 2022 3453 Views 0 comment Print

In re Hojiwala Infrastructure Limited (GST AAR Gujarat) 1. Treated Water’ obtained from CETP (classifiable under Chapter 2201) is not eligible for exemption from payment of Tax by virtue of SI. No. 99 of the Exemption notification no. 02/2017-C.T. (Rate) dated 28.06.2017. (as amended) and SI. No. 99 of the Exemption Notification No. 022017- Integrated […]

‘Treated Water’ obtained from CETP (classifiable under Chapter 2201)

December 30, 2022 849 Views 0 comment Print

In re Palsana Enviro Protection Ltd (GST AAR Gujarat) 1. Whether Treated Water obtained from CETP will be eligible for exemption from GST by virtue of of the Exemption Notification? ‘Treated Water’ obtained from CETP (classifiable under Chapter 2201) is not eligible for exemption from payment of Tax by virtue of SI. No. 99 of […]

Limitation period of six years for passing order u/s 201(3) is effective only from 01.10.2014

December 30, 2022 3012 Views 0 comment Print

ITAT Delhi held that the limitation period is four years for passing assessment order in case of TDS statement not filed. Limitation period substituted to six years effective only from 01/10/2014.

Cancellation of income tax registration u/s 12AA(3) justifiable as Government declared PFI as unlawful association

December 30, 2022 1074 Views 0 comment Print

ITAT Delhi held that Ministry of Home Affairs, vide Notification dated 27.09.2022 clearly demonstrated the Popular Front of India (PFI) and its associates or affiliates or fronts as an unlawful association and hence cancellation of income tax registration u/s 12AA(3) of the Income Tax Act justified.

Addition u/s 68 unsustainable as identity, creditworthiness and genuineness satisfied

December 30, 2022 858 Views 0 comment Print

ITAT Kolkata held that addition of unexplained cash credit u/s 68 of the Income Tax Act unsustainable as identity creditworthiness of the investors and genuineness of the transactions duly proved.

GST is payable on forest permit fee under RCM: AAAR Telangana

December 30, 2022 2925 Views 0 comment Print

GST payable on forest permit fee to forest department as per Rule (3) of State forest produce transit rules on Reverse Charge Mechanism basis

GST registration cancelled due to non-filing of returns to be restored on filing of returns along with the tax and penalty

December 30, 2022 2010 Views 0 comment Print

HC held that, GST registration shall be revived, in case where the GST Registration of the assessee was cancelled due to non-filing of returns for a long period and later on the assessee had paid the tax and the penalty.

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