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Archive: January, 2023

Posts in January, 2023

Goods released as department failed to prove the smuggled nature of goods

January 23, 2023 651 Views 0 comment Print

CESTAT Delhi held that appellant produced all the evidence and documents contending that mobile phones were purchased from open market in Delhi. However, customs department failed to satisfy the onus that the said mobile phones were smuggled in nature. Accordingly, goods released.

Re-opening of assessment in absence of any new tangible material is unsustainable

January 23, 2023 1707 Views 0 comment Print

Bombay High Court held that in absence of any receipt of new information or reference to any new material on record, it can be concluded that re-opening of assessment is merely because of change of opinion and the same is unsustainable in law.

TDS u/s. 194C @2% deductible on common area maintenance charges

January 23, 2023 2610 Views 0 comment Print

ITAT Delhi held that as common area maintenance charges are not forming part of the actual rent paid to the owner by the assessee, TDS on the same is deductible under section 194C @2% and not under section 194.

Electronic filing of Form 10F – Impact analysis

January 23, 2023 19539 Views 0 comment Print

E-filing Form 10F for non-residents Understand the impact of recent CBDT notifications making it mandatory. Learn the requirements and compliance burden for non-residents, including obtaining PAN and appointing professionals for DSC. Examine the impact on the tax department and increased transparency in transactions with non-residents. Stay informed to ensure compliance with Tax Treaties and avoid penalties.

Electronic credit ledger cannot be blocked without providing an opportunity of personal hearing

January 23, 2023 1263 Views 0 comment Print

HC quashed and set aside the orders blocking Electronic Credit Ledger (ECL) of assessee without providing an opportunity of personal hearing. 

ITC on trading of meat products & packed cold cuts spices & masala powder

January 23, 2023 4569 Views 0 comment Print

In re Meat Mart Unit of the New Bangalore Ham Shop (GST AAR Karnataka) The applicant has stated that they are trading in fresh and semi processed meat products like chicken, mutton, fish, pork and all type of packed cold cuts spices and masala powder etc. They are trading in both taxable and exempted goods. […]

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

January 23, 2023 41853 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 16029 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 2700 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 5157 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

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