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In case of change of AO, newly appointed AO shall continue proceeding from stage where they were left by earlier AO

November 29, 2022 2967 Views 0 comment Print

SC held that in case of transfer of Assessing Officer, the new AO can only continue proceeding from the stage at which earlier AO had left.

GST authorities cannot issue SCN under Section 73 for verification of transitional credit

November 28, 2022 16773 Views 0 comment Print

Jharkhand HC held that for verification of transitional credit, GST authorities cannot issue SCN under Section 73 of CGST Act, 2017 questioning eligibility to credit under erstwhile law

Payment of one-time premium was not chargeable to tax under Service Tax under Renting of Immovable property

November 27, 2022 2646 Views 0 comment Print

CESTAT Ahmedabad in the case of Gujarat Power Corporation Ltd. v C.C.E. & ST held that payment of one-time premium under renting of immovable property services is not chargeable to Service Tax.

Services to Educational Boards – Sub contractor not eligible to claim exemption

November 25, 2022 1824 Views 0 comment Print

In re Magnetic Infotech Pvt Ltd. (GST AAAR Telangana) Exemption not available to sub-contractor on services provided to educational institutions on behalf of main contractor The AAAR, Telangana in the matter of M/s Magnetic Infotech Private Limited [Order-in-Appeal No. AAAR/13/2022 dated November 22, 2022] has ruled that the sub-contractor is not entitled to claim Goods […]

Writ petition during Notice stage would frustrate tax administration

November 25, 2022 2811 Views 0 comment Print

HC held that entertaining Writ Petition at the stage of notice would interrupt adjudication process and frustrate tax administration. Assessee has ample opportunity to agitate issues before assessing officer.

No Power Lies at the Behest of CBEC to Modify Scope of Exemption Notification issued by Central Government

November 24, 2022 936 Views 0 comment Print

CESTAT ruled that CBEC does not have the power to modify the scope of an exemption notification that the Central Government has issued.

Madras HC directs Department to Process ITC Claim Rejected Solely on the Basis of Inadvertent Error

November 24, 2022 3411 Views 0 comment Print

HC ruled in favor of assessee by directing department to process Input Tax Credit claim that were previously rejected solely on the ground of inadvertent error.

Differential Tax Amount Post-GST Not Reimbursed to Contractors

November 23, 2022 2865 Views 0 comment Print

HC granted major relief to contractors by staying the coercive steps against the contractors and ordered the State GST department to abide by its circular, Finance Department vide Office memorandum No. FIN-CTI-TAX-0045-2017/38535/F dated December 10, 2018 to address the problems with works contracts brought on by the change from VAT to GST tax system

Sell of properties of borrower by bankers/ARCs – Govt should ensure mechanism to recover tax from recipient

November 22, 2022 3018 Views 0 comment Print

It is time that Government seriously considers protecting its legitimate interests by ensuring some mechanism to ensure that tax liability on capital gains is duly recovered from borrower whose property is sold, and when it is not possible to do so on account of borrower’s genuine financial difficulties, from person who receives proceeds of sale of such assets.

Medical Insurance premium for employees, pensioners & their family members are taxable under GST

November 21, 2022 990 Views 0 comment Print

AAAR upheld the ruling passed by AAR of not providing the benefit of exemption under entry no. 3 of the Notification 12/2017-Central Tax (Rate) dated June 28, 2017 wherein the payment was made for medical insurance premium for employees, pensioners, and their family members.

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