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Archive: January, 2023

Posts in January, 2023

GST on services provided under Chief Minister Jan Awas Yojna

January 17, 2023 2163 Views 0 comment Print

In re Bhori Lal Mohan Lal (AAR Rajasthan) i) whether applicant’s tender of work contract under Chief Minister Jan Awas Yojna, is subjected to 9% CGST and SGST each post 01.01.2022? RULING- The services provided by applicant to RHB after 13.07.2022 onward until rate not changed it will attract a rate of 18% GST FULL […]

Advance ruling cannot be given on vague questions

January 17, 2023 969 Views 0 comment Print

In re Glensky Spirits Pvt. Ltd (AAR Rajasthan) AAR observe that the question on which advance ruling is sought is vague in nature. Applicant is going for setting up a plant and without knowing the nature of construction categorically; it’s not possible to give ruling unless and until details are not provided. Applicant has not […]

Revocation of customs broker license unreasonable in absence of violation of Regulation 10(a), 10(d) & 10(n)

January 17, 2023 1896 Views 0 comment Print

CESTAT Delhi held that order of revoking the license of the Customs Broker is unreasonable and unjustified as there was no violation of Regulation 10(a), 10(d) and 10(n) of Customs Broker Licensing Regulations, 2018.

Recovery based on erroneous refund unsustainable as adjudication taken place u/s. 11B of Central Excise Act

January 17, 2023 2190 Views 0 comment Print

CESTAT Mumbai held that once the adjudication has taken place under section 11B of the Central Excise Act there cannot be recovery on claim of ‘erroneous refund’ under section 11A of the Central Excise Act.

Reopening of assessment for mere change of opinion untenable in law

January 17, 2023 2718 Views 0 comment Print

Gujarat High Court held that issued raised in reopening assessment was already considered during assessment proceedings u/s 143(3) of the Income Tax Act. Accordingly, mere change of opinion by the Assessing Officer cannot be ground for reopening of assessment.

TPO order passed beyond time limit prescribed u/s 92CA (3A) is barred by limitation

January 17, 2023 4422 Views 0 comment Print

ITAT Mumbai held that as per section 92CA (3A) of the Income Tax Act Transfer Pricing Officer (TPO) is required to pass an order within a period of 60 days prior to the date of completion of assessment as per section 153 of the Income Tax Act. Order passed after the date will be barred by limitation.

Only error apparent on record can be rectified u/s 84 of TNVAT

January 17, 2023 1905 Views 0 comment Print

Madras High Court held that section 84 of Tamil Nadu Value Added Tax Act, 2006 provides for the rectification of an error apparent on record and not one which involves discussion, debate or possible multiple opinions.

Payment of Tax under GST Part I

January 17, 2023 3936 Views 0 comment Print

IGST, CGST, SGST & UTGST: Learn about the different types of GST and the Payment of Tax under GST Part I by Sri. Raju of Chennai.

Capital gain exemption u/s 54 not deniable as investment made within time limit specified u/s 139(4)

January 17, 2023 4566 Views 0 comment Print

ITAT Mumbai held that capital gain exemption under section 54 of the Income Tax Act cannot be denied as investment was made within the time limit specified under section 139(4) of the Income Tax Act.

Strengthening India’s Economy through the Narendra Modi Governments 2.0 policy plans

January 17, 2023 1563 Views 0 comment Print

Indias economy has seen significant growth and shift thanks to the Narendra Modi Government’s policy plans. Strengthening GDP, creating 10 million jobs, increasing foreign exchange reserves and more!

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