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Refund of Service Tax was allowed with Interest allowed on export

August 24, 2021 2298 Views 0 comment Print

d. Held that the department has committed an error to reject the CENVAT Credit and there lies no power or jurisdiction with the lower authority to re-adjudicate the matter again. Refund Claims of the Appellant thereby allowed.

Lassi is Exempted under GST

August 24, 2021 3480 Views 0 comment Print

In M/s. Sampoorna Dairy and Agrotech LLP. [Advance Ruling No. GUJ/GAAR/R/30/2021 dated July 19, 2021], M/s. Sampoorna Dairy and Agrotech LLP. (Applicant) has sought an Advance Ruling on whether the product ‘Lassi’ but named as ‘Laban’ is to be classified as Lassi itself and whether the same is exempted under the Central Goods and Services […]

ITC not available on Air Conditioning & Cooling System by applying Test of Permanency

August 23, 2021 5004 Views 3 comments Print

Applicant in process of establishing new factory has sought an Advance Ruling on applicability of Input Tax Credit (ITC) on various assets for their installation and commission in the factory under provisions of Section 16 and 17 of the Central Goods and Services Act, 2017 (CGST Act).

ITC not available on Works Contract Services for construction of Immovable Property

August 23, 2021 4440 Views 1 comment Print

In re The Varachha Co Op Bank Ltd [Advance Ruling No. GUJ/GAAR/R/37/2021 dated July 30, 2021], M/s. The Varachha Co Op Bank Ltd (Applicant) having undertaken construction of their New Administrative Office has sought an Advance Ruling on applicability of Input Tax Credit (ITC) on Services like Central Air Conditioning Plant, New Locker Cabinet, Lift, […]

Expenditure on Partner’s Foreign Educational Course allowable to Deductions

August 23, 2021 5478 Views 1 comment Print

In Aswathanarayana & Eswara v. Deputy Commissioner of Income-tax, Circle-I, Chennai [ Tax Case Appeal No. 409 of 2009 dated March 30, 2021], Aswathanarayana & Eswara (Appellant) has filed the current appeal challenging the Order No. No. 550/Mds/2008 dated November 21, 2008 passed by the Hon’ble Income Tax Appellate Tribunal (ITAT) regarding confirmation of disallowance […]

SC issues notice on Plea challenging 18% GST on Diplomat of National Board course

August 23, 2021 2628 Views 0 comment Print

Association of Diplomate of National Board Doctors (Petitioner) has filed the current writ petition for quashing of Notification imposing of 18% Goods and Services Tax (GST) on fee deposited by Diplomate of National Board (DNB) students.

Works Contract taxable at 12% with ITC for services provided by sub-contractor to contractor for NHAI

August 21, 2021 3006 Views 0 comment Print

Works Contract taxable at 12% with ITC for services provided by sub-contractor to contractor for NHAI In Building Roads Infrastructure & Construction Pvt. Limited. [AAR No. 07/ AP/GST/2021 dated January 18, 2021], Building Roads Infrastructure & Construction Pvt. Limited (Applicant) being a subcontractor sought a clarification on taxability of works contract services provided to contractor […]

Providing loans to borrowers by the bank does not amount to service

August 21, 2021 1077 Views 0 comment Print

This implies that services by way of loan do come within the purview of supply, however, that has been considered as an ‘exempted supply’ in the Service Exemption Notification.

SC dismissed SLP filed by department for being a “certificate cases” filed only to save ‘skin of defaulting officers

August 21, 2021 1485 Views 0 comment Print

SC dismissed SLP filed by the department for being a ‘certificate cases’ filed only to save the skin of defaulting officers In Re Union of India vs Vishnu Aroma Pouching (P.) Ltd. [SLP (Civil) DIARY NO(S). 1434/2021 decided on June 29, 2021] the Hon’ble Supreme Court dismissed the Special Leave Petition by looking to the […]

Telangana HC directed Customs Commissioner to amend BOE so as to enable importer to take refund of excess CVD paid

August 21, 2021 2283 Views 0 comment Print

In M/s. Sony India (P) Ltd. v. Union of India [Writ petition no. 4793 of 2021 dated August 12, 2021] the Hon’ble Telangana High Court directed the Custom Commissioner to amend the Bill of Entry (BOE) so as to enable the Importer to claim refund of excess Countervailing Duty (CVD) paid. Facts: M/s Sony India […]

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