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GST on services provided to parent company relating to test benches in the name of MRO services

December 8, 2022 1572 Views 0 comment Print

In re Testmesures Spherea Solutions Private Limited (GST AAR Karnataka) The Karnataka Authority of Advance Ruling (“the KAAR”) in Re: M/s Testmesures Spherea Solutions Private Limited [KAR ADRG 46/2022 dated December 2, 2022] denied to grant Goods and Service Tax (“GST”) concession as the service of supply of test bunch equipment does not amounts to […]

Oxygen not a ‘Raw-Material’ for Manufacture of Steel, not Eligible for Concessional Sales Tax Rate

December 7, 2022 1128 Views 0 comment Print

Dive into the legal intricacies surrounding the eligibility of oxygen for concessional sales tax rates in the case of State of Jharkhand v. Linde India Limited. The Supreme Court clarified that for a product to qualify as raw material, it must go into and be found in the end product. Oxygen, used as a refining agent to reduce carbon content in steel manufacturing, was deemed ancillary and not a raw material.

CA Cannot be Prosecuted under PMLA merely for Issuing Form No. 15CB

December 3, 2022 12633 Views 0 comment Print

While issuing Form No. 15CB a Chartered Accountant is required to only examine the nature of the remittance and nothing more. The Chartered Accountant is not required to go into the genuineness or otherwise of the documents submitted by his clients

Bombay HC orders restoration of GST registration cancelled u/s 29(1) of CGST Act

November 29, 2022 2295 Views 0 comment Print

HC allowed Petitioner to submit a physical application for restoration of GST registration where application of cancellation was filed by petitioner

No Service Tax on Security Deposit From Customers for Share Trading

November 29, 2022 2274 Views 0 comment Print

CESTAT held that the Service Tax is not liable to be paid on the amount collected from the customer as interest free security deposit against trading of shares which is subsequently refunded without utilization.

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

November 29, 2022 3081 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 16977 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 2688 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 1917 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 2853 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.

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