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Cess/Surcharge is not allowed as business expenditure u/s 37 of the IT Act, 1961

December 23, 2022 3894 Views 0 comment Print

Supreme Court in JCIT v. M/s. Chambal Fertilizers & Chemicals Limited held that the term tax under Section 40(a)(ii) of the Income Tax Act, 1961 should also include cess.

Charge of double benefit will sustain only when assessee claims refund and utilise it for payment of duty

December 23, 2022 627 Views 0 comment Print

CESTAT held that, the refund cannot be denied on the ground of double benefit to Appellant due to non-transfer of unutilized CENVAT credit. Further, interest was allowed under Section 11BB of Central Excise Act, 1944 for delay of refund.

GST on affiliation provided by Kota University to its constituent colleges

December 23, 2022 4227 Views 0 comment Print

Affiliation provided by Kota University to its constituent colleges for imparting education is a supply and taxable under GST. Amount collected by way of affiliation fees is not exempted vide SI.No. 66 Notification No.12/2017-CT (Rate) dated 28.06.2017 as amended.

Difference of grounds between Order & SCN: Delhi HC quashes proceedings

December 22, 2022 2949 Views 0 comment Print

Delhi High Court in the case of Usha Rani Girdhar v. ITO held that Assessing officer cannot add primary allegation in Notice by issuing Supplementary Notice.

Right to use of parking space with sale of apartments is not a composite supply

December 22, 2022 7848 Views 0 comment Print

AAR ruled that providing the right to use of car parking space along with the sale of apartments doesn’t constitute composite supply. The supply of services for the right to use of parking space would be taxable at 18% GST

Welding of railway tracks along with labour services is a ‘Composite Supply’ taxable at 18% GST

December 22, 2022 999 Views 0 comment Print

AAR held that welding process on railway tracks along with supply of labour services shall be treated as ‘Composite Supply’ of services falling under Tariff 995429 and shall be taxable at the rate of 18% vide serial number 3(xii) of Notification No. 11/2017-Central Tax (Rate) dated June 28, 2017

Project Implementing Agency making supplies to State Govt Dept/ Directorate is required to issue tax invoice on contract value

December 22, 2022 759 Views 0 comment Print

AAR ruled that assessee acting as Project Implementing Agency, making supplies to State Government Department is required to issue tax invoice on contract value as determined by Department in spite of the fact that there is no value addition in supply.

GST @12% leviable on contract w.r.t. construction of new railway sidings

December 22, 2022 1752 Views 0 comment Print

In re Triveni Engicos Private Limited (GST AAR West Bengal) The AAR, West Bengal  in the matter of Triveni Engicons Private Limited [Order No. 14/WBAAR/2022-23 dated December 22, 2022] has ruled that the construction work carried out by the assessee of new private sidings pertains to the railways and GST @12% will be applicable on […]

Classification of service depends on essential character of service

December 22, 2022 1170 Views 0 comment Print

CESTAT held harvesting and transportation charges deducted were not to be considered as charges for independent supply. Hence, not liable for service tax.

Revenue Department has discretion to allow/disallow redemption of prohibited hazardous waste

December 21, 2022 681 Views 0 comment Print

HC upheld order passed by Revenue Department confiscating the waste oil and imposing the penalty on import of the same. Held that, re-export of imported waste oil is not allowable as it is prohibited under the Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules, 2008

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