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Archive: March, 2023

Posts in March, 2023

GST on supply of aircraft type rating training services to commercial pilots

March 20, 2023 3183 Views 0 comment Print

GST on supply of aircraft type rating training services to commercial pilots in accordance with training curriculum approved by Directorate General of Civil Aviation for obtaining extension of aircraft type ratings on their existing licenses

GST on transfer/sale of one of independent running business divisions

March 20, 2023 4071 Views 0 comment Print

Transaction of transfer/sale of one of independent running business divisions of Applicant, namely, business of providing/supplying of engineering services primarily relating to semi-conductor services as a whole, along with all the assets and liabilities of the independent business division on a going concern basis,

Order not containing DIN shall be treated as invalid

March 20, 2023 1725 Views 0 comment Print

ITAT Pune held that default in allotting ‘DIN and Order’ results into quashing of the impugned assessment as according to CBDT circular no. 19/2019 dated 14.08.2019 such an order ought to be treated as to have never been issued herein.

GST under RCM when raw cotton is supplied by a farmer via a Kacha Arhtiya

March 20, 2023 15531 Views 0 comment Print

GST AAAR Punjab has delivered a landmark ruling on Bansal Industries, examining the applicability and interpretation of the Notification no. 43/2017-Central Tax (Rate). This judgement sheds light on the contentious issue of who bears the responsibility of tax payment under the Reverse Charge Mechanism (RCM) when raw cotton is supplied by a farmer via a Kacha Arhtiya.

Appellate authority can remand back the appeal to AAR: AAAR

March 20, 2023 2145 Views 0 comment Print

In re Punjab State Corporation Power Limited (GST AAAR Punjab) The appeal raised a question of the admissibility of Input Tax Credit (ITC), indicating a possible misinterpretation of clauses under subsection (2) of Section 97 of the CGST Act, 2017. The contention lies in whether the application was evaluated under the correct clause, considering the […]

Sale of copyrighted article cannot be treated as royalty under Article 12(3) of India-USA DTAA

March 20, 2023 2181 Views 0 comment Print

ITAT Delhi held that amount received from sale of software (i.e. copyrighted article) cannot be treated as royalty under Article 12(3) of India-USA DTAA.

Provision of SAP and IT support service not covered within FTS is not taxable in India

March 20, 2023 2253 Views 0 comment Print

ITAT Delhi held that amount received by the assessee from providing SAP support services and IT support services is not covered within the purview of Fees for Technical Services (FTS) and hence not taxable in India in absence of permanent establishment.

Arbitration settlement amount received in relation to project office in India is taxable

March 20, 2023 2001 Views 0 comment Print

ITAT Delhi held that the amount of received in the arbitration settlement is related to project office of the assessee company in India. Accordingly, the same is taxable in India.

Section 54F exemption available towards purchase of undivided share of land

March 20, 2023 5055 Views 0 comment Print

ITAT Chennai held that exemption under section 54F of the Income Tax Act duly available towards purchase of undivided share of land.

Current profit not to be included in accumulated profit to determine deemed dividend

March 20, 2023 1623 Views 0 comment Print

ITAT Mumbai held that while determining the amount of deemed dividend under Explanation 2 to Section 2(22)(e) of the Income Tax Act, the current profit is not to be included to be part of accumulated profit.

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