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Hiring of Non AC Buses to Company for Transport of Staff is taxable under “Rent-a-cab” Service

August 27, 2021 3147 Views 0 comment Print

Applicant has sought a clarification on Goods and Services Tax (GST) applicability on the contract of supplying Non- Air Conditioned (Non-AC) Buses  and whether exemption is available for stated service under SI No. 15 Heading 9964 of Notification No. 12/2017 – Central Tax (Rate) dated June 28, 2017 (Services Exemption Notification) is applicable in the case.

Order passed by the Commissioner cannot be set aside merely it was time barred

August 27, 2021 2064 Views 1 comment Print

Online Cargo Vs Commissioner of Customs (CESTAT Delhi) CESTAT upheld validity of Order passed after 90 days under regulation 17(7) of CBLR, 2018 In the case of M/S Online Cargo v. Commissioner of Customs [CUSTOMS APPEAL NO. 51120 OF 2020], the Hon’ble Customs, Excise & Service Tax Appellate Tribunal (the CESTAT) passed an interim order […]

HC allow reopening in the case related to accommodation entries

August 27, 2021 2430 Views 0 comment Print

Geetaben Dineshchandra Gupta Vs ITO (Gujarat High Court) Geetaben Dinesh chandra Gupta (Petitioner) has filed the current petition challenging the notice dated March 23, 2019 which proposed the reopening of assessment of the Petitioner under Section 148 of the Income Tax Act, 1961 (the IT Act). The Petitioner contended that even after the petitioner disclosed […]

No GST on Hostel Rent of less than Rs. 1000 per day per Student

August 27, 2021 19212 Views 0 comment Print

The applicant is providing hostel on the rent to various students where fees charged per student per day per room is much less than Rs. 1000/- per day per person. Therefore, considering the provisions of notification Entry No. 14, and clarification given by CBIC in circular No. 32/06/2018-GST dated 12th February 2018, it is held that, the applicant’s activity is satisfying the conditions of Entry Sr.no. 14 of said Notification and hence would be exempt from taxes.

‘Other Services’ not part of Composite supply with Main Construction Service, chargeable to GST @ 18%

August 27, 2021 9810 Views 0 comment Print

Other Charges are different from the service of construction of residential flats. It cannot be said to be naturally bundled and supplied in conjunction with each other. The amount and consideration is separately for different services. Therefore, the Other Charges are not covered under Composite Supply of Services

Legal opinions from Special Auditor can be sought by AO u/s 142(2A)

August 27, 2021 987 Views 0 comment Print

The Petitioner contended some of the directions issued by the Respondent are bad in law because the Respondent has delegated upon a special auditor the work which he himself was required to do thereby is in the nature of investigation. Such directions cannot be segregated from the other directions and therefore submitted that the entire order containing the directions be quashed and set aside.

ITC can be claimed even in Mismatch of 2A & 2B provided Purchasing Dealer has taken all steps diligently

August 27, 2021 7446 Views 0 comment Print

Revenue is precluded from invoking section 9(2) (g) of the DVAT Act  to deny ITC to a purchasing dealer who has bona fidely entered into a purchase transaction with a registered selling dealer who had issued a tax invoice reflecting the Taxpayer Identification Number

Secured Creditor haves priority in charge over dues of Income Tax Department

August 26, 2021 1635 Views 0 comment Print

The Petitioner is an assignee of right, title and interest of the credit facilities to Borrower which is now in liquidation and the Petitioner has a secured and a prior charge over the attached properties of the Borrower. The Petitioner, due to the prior charge, has been aggrieved by the order of the Respondent which is seeking Income Tax dues from the Borrower.

Refund allowed of Unutilized Education Cess, which couldn’t be transitioned into GST

August 26, 2021 4713 Views 0 comment Print

Appellant contended that accumulated credits of Cesses were not transitioned into GST regime due to specific restriction under Section 140(1) of CGST Act. Appellant therefore had to resort to the option of refund under existing law to avoid lapsing of credit.

Karnataka HC: Wipro gets supplementary 3% interest on deferred tax refund

August 25, 2021 2250 Views 0 comment Print

Wipro Limited Vs JCIT (Karnataka High Court) Karnataka High Court allowed the additional 3% interest on the delayed Income Tax Refund to Wipro ( Petitioner) from the Deputy Commissioner of Income Tax (DCIT) (Respondent). The Petitioner approached the Writ Court to challenge the order in which the Respondent, DCIT, denied additional 3 percent interest on […]

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