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Order passed by ARA is void ab-initio if obtained by fraud/suppression/misrepresentation

September 9, 2019 3399 Views 0 comment Print

In re Asstt. Commr. of SGST (D-819) Vs. Arihant Enterprises (GST AAAR Maharashtra) Sec. 98(2) provides that the application shall not be admitted where the question raised is already pending under any of the provisions of this act. The term ‘any of the provisions of this act’ includes investigations proceeding under section 67. It is […]

Capital Gain tax liable on property sold by bank to recover loan given to group concerns

September 6, 2019 26307 Views 0 comment Print

The issue under consideration is whether Capital Gains will be applicable in case where Bank sold the property of group concern as it failed to repay the loan?

Demand of Service Tax on Ocean Freight under RCM notification is Ultra Vires

September 6, 2019 24750 Views 0 comment Print

A perusal of Section 94 shows that there is no power conferred upon the Central Government to make any Rules or Notifications for extraterritorial events; or in other words, for services rendered and consumed beyond the “taxable territory” i.e. beyond India. Obviously, the Act itself is not applicable to the territories other than India and therefore the Executives cannot have any power to make Rules for territories beyond India.

Catalyst consumed in final product cannot be extended exemption available to goods for setting up, running, repair or maintenance of plant

September 6, 2019 864 Views 0 comment Print

Nayara Energy Ltd. Vs C.C. Kandla (CESTAT Ahmedabad) CESTAT Ahmedabad has had held that the catalyst ‘Petromax- MD’, consumed in the final product and not required for setting up of the plant or required for running, repair and maintenance of the plant, was not eligible for the benefit of exemption which provided that the goods […]

Payment to legal heirs of deceased partners towards Goodwill is allowable as deduction

September 6, 2019 1890 Views 0 comment Print

Wadia Ghandy & Co. Vs ACIT (ITAT Mumbai) The assessee is a Solicitor Firm and was initially constituted by three partners who were eminent Lawyers. He submitted, all the three partners had created huge goodwill which was definitely exploited by the firm. He submitted, for use of goodwill, the firm was required to pay 5% […]

18% GST payable on parking services provided by Contractor of Market Committee

September 6, 2019 35313 Views 1 comment Print

Whether the parking lot services provided by the Contractor appointed by the Market Committee, which is a Government Authority is exempt under Notification No.12/2017 as the parking lot activity is covered under Article 243 of the Constitution.

Mere Washing, Melting & packing of Bees wax not amounts to Manufacture

September 6, 2019 690 Views 0 comment Print

CESTAT Mumbai held that merely because certain processes are carried out on the raw bees wax to make the product in a presentable and better marketable form, without significant change in the character and use between the raw bees wax and the cleaned/purified bees wax, the processes undertaken cannot result in manufacture.

DFIA benefit available even if specific import product name not mentioned in licence

August 30, 2019 3381 Views 0 comment Print

Observing that there was no doubt that the green cardamom was used in making biscuits and pickles as flavouring agent and food additives, respectively, CESTAT Ahmedabad has rejected the department’s plea that since specific name of the product was not mentioned or ITC (HS) did not match in the DFIA licence, benefit thereunder was not available.

Proof of exports for fulfilment of EO – Absence of Bill of Export not fatal

August 30, 2019 4203 Views 0 comment Print

Bombay High Court has directed the DGFT to issue export obligation discharge certificate in a case where the Additional DGFT was satisfied that the petitioner had fulfilled the export obligation but denied the benefit of fulfilment of export obligation only on the ground of non- furnishing of bill of export,

SVLDRS declarations to be handled by Designated Committees

August 30, 2019 4761 Views 0 comment Print

As you may be aware. the `Sabka Vishwas Legacy Dispute Resolution Scheme’ will come into effect on 1st September 2019. There will be two Designated Committees in each Commissionerate to handle the declarations made under this scheme. DIRECTORATE GENERAL OF SYSTEMS & DATA MANAGEMENT CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS 4th & 5th Floor, […]

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