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Archive: July, 2023

Posts in July, 2023

Addition of cash deposit during demonetization unsustained as agriculture was only source of income

July 13, 2023 2187 Views 0 comment Print

ITAT Dehradun held that addition of cash deposits made during the demonetization period unsustained as predominant source of income was only agricultural income and no other source of income is brought on record by AO.

GST on payment to Govt for change of description of land from wetland to ordinary land

July 13, 2023 3714 Views 0 comment Print

Understand the reverse charge liability under Notification No. 13/2017 CT (Rate) on payments made to the Government of Kerala for the change of land description and construction permissions. Read the ruling by GST AAR Kerala in the case of Manappuram Finance Limited.

Upgraded Beneficiated Ilmenite Classifiable under CTH 2823

July 13, 2023 1269 Views 0 comment Print

CESTAT Chennai held that Upgraded Beneficiated Ilmenite are synthetic Rutile and hence classifiable under CTH 2823 and not under 2614.

Admissibility of ITC on Government Payments via Book Adjustment

July 13, 2023 2229 Views 0 comment Print

 Whether net off of receivables of one GSTIN by another GSTIN of the same company or net-off of receivables with payables of supplier of goods/service would amount to payment to the vendor meeting the compliance requirements of Section 16(4) of CGST Act, 2017.

Limitations of AAR Jurisdiction: Pertaining to Goods or Services Supply by Applicant

July 13, 2023 810 Views 0 comment Print

Explore the GST AAR Kerala ruling on a joint venture between Choice Foundation and Choice Estates. Learn about recipient, fees, and GST on revenue share.

Revenue from operation of hotel/resort taxable under the head “Business income”

July 13, 2023 7475 Views 0 comment Print

ITAT Delhi held that revenue receipt generated from the operation of “Hotel/ Resort” is taxable under the head “Business income” and not under “House Property” as fixed amount was not received in fact revenue was generated on fluctuation basis.

GST on Revenue Share from Educational Institution & Interest-Free Refundable Deposit

July 13, 2023 2733 Views 0 comment Print

GST AAR Kerala ruling on Choice Foundation’s revenue share from educational venture and exemption of GST on interest-free deposits. Clarifies GST applicability on transactions under CGST/KSGST Acts and Notifications 11/2017 and 12/2017.

Order passed u/s 148A(d) would remain subject to order to be ultimately passed in reassessment proceeding u/s 148

July 13, 2023 21405 Views 0 comment Print

Allahabad High Court held that the scope of decision u/s. 148A(d) of the Income Tax Act is limited to the existence or otherwise of information which suggests that income chargeable to tax has escaped assessment. The same would otherwise remain subject to reassessment order passed u/s 148 of the Income Tax Act.

GST not exempt on Construction of Jetty for Indian Coast Guard

July 13, 2023 1312 Views 0 comment Print

GST AAR Kerala clarifies Cochin Port Trust’s construction services for Indian Navy as ‘Works Contract’, ineligible for exemption under Notification No.12/2017, but qualifies for 12% GST rate under Notification No. 24/2017 until 17.07.2022.

Construction of Jetty for Indian Navy is work contract & not exempt from GST

July 13, 2023 1167 Views 0 comment Print

Construction of Jetty for Indian Navy as per MoU falls within the ambit of Works Contract’ as defined In Section 2 (119) of the CGST Act, 2017,

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