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Archive: 23 January 2023

Posts in 23 January 2023

GST @ 5% is leviable on all types of jaggery, pre-packaged and labelled

January 23, 2023 38667 Views 0 comment Print

All types of jaggery pre- packed and labelled are exigible to GST at 5% as per SI. No. 91A of Notification No. 1/2017-Central Tax (Rate) dated June 28, 2017

18% GST leviable on works contract services to Indian Railways; 12% on works contract services involving predominantly earthwork

January 23, 2023 14529 Views 0 comment Print

In re S.K. Swami & Company  (GST AAR Karnataka) GST @ 18% leviable on works contract services to Indian Railways; 12% on works contract services involving predominantly earthwork The AAR, Karnataka in the matter of M/s S.K. Swami & Company [Advance Ruling No. KAR ADRG 05/2023 dated January 23, 2023] has ruled the rate of Goods […]

GST on construction of Railway under Bridge /Tunnels executed to Indian Railways

January 23, 2023 2397 Views 0 comment Print

Construction of Railway under Bridge executed to Indian Railways by the Applicant is exigible to GST at 18% (SGST @ 9% and CGST @ 9%) if the Applicant is providing the services either as a main contractor or as a sub-contractor to main contractor.

Catering services to Educational Institutions from 1st standard to 2nd PUC is exempt from GST

January 23, 2023 4758 Views 0 comment Print

Providing catering services to Educational Institution from 1st standard to 2nd PUC is exempted as per entry No. 66 of Notification No.12/2017-Central Tax Rate

GST on Works contract service to Bio Centers, Department of Horticulture & Center of excellence

January 23, 2023 1140 Views 0 comment Print

Works contract service provided to Bio Centers, Department of Horticulture and Center of excellence are not exempted from GST. Providing Manpower service like data entry operator, security to Horticulture Department is exigible to GST at 18% (CGST @ 9% and KGST@9%).

Transfer of Leasehold Right not warrant invoking of section 50C(1)

January 23, 2023 840 Views 0 comment Print

Shri Narendra Shantikumar Firodia Vs DCIT (ITAT Pune) Phraseology in section 50C(1) of the Act only covers exclusively land or building or both and does not refer to any right in land or building. Thus, the expression land or building in its coverage is quite distinct from the expression any right in land or building. […]

India and UAE DTAA not contain any article concerning FTS

January 23, 2023 2523 Views 0 comment Print

WTS Energy Dmcc Vs DCIT (Delhi High Court) Double Tax Avoidance Agreement obtaining between India and UAE does not contain any article concerning FTS. The petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business income.”  It is because of these varying stands, that a […]

No section 40(a)(i) disallowance based on amendment with retrospective effect

January 23, 2023 795 Views 0 comment Print

DCIT Vs Allsec Technologies Ltd (ITAT Chennai) ITAT held that the assessee cannot be expected to deduct TDS on payment made to non-residents on the basis of subsequent amendment to the law with retrospective effect from earlier date, because the assessee cannot foresee the amendment and deduct TDS and hence, we are of the considered […]

VAT on Hiring of Helicopters – Delhi HC to decide

January 23, 2023 1029 Views 0 comment Print

Pawan Hans Limited Vs Commissioner of Trade & Taxes (Delhi High Court) The appellant states that it is in the business of chartering helicopters and has entered into agreements with various State Government and public sector entities for hiring of its helicopters. According to the VAT authorities, the agreements entail transfer of the right to […]

HC dismisses revenue Appeal against CAAR ruling in Amazon case for delay in filing

January 23, 2023 600 Views 0 comment Print

Commissioner of Customs (Import) Vs Amazon Seller Services Pvt Ltd (Delhi High Court) Inordinate delay in the advance ruling attaining finality would frustrate the scheme and the object of providing such advance rulings. Thus, keeping in view the express language of the proviso to Section 28KA of the Customs Act as well as the nature […]

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