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Adjudicating authority cannot review order of appellate authority in limited remand  

July 10, 2022 882 Views 0 comment Print

Technova Imaging Systems Pvt. Ltd. Vs Commissioner of Customs (CESTAT Mumbai) Refusal of SAD to the Appellant-importer by the Refund Sanctioning Authority that has received concurrence of the Commissioner (Appeals) in the second round of litigation is assailed in this appeal. The gist of the order of Commissioner (Appeals) is that goods imported and goods […]

Andhra HC allows Interest for delay in payment of VAT Refund

July 10, 2022 906 Views 0 comment Print

Vekanteswara Electricals Vs State of Andhra Pradesh (Andhra Pradesh High Court) It is to be noted here that as per Section 38 (1)(a) of the APVAT Act, 2005, a refund is to be made within 90 days from the date of claim made by the dealer. As stated above, the claim was made nearly a […]

Interest under section 28 of Land Acquisition Act cannot be taxed despite TDS deduction

July 10, 2022 4536 Views 0 comment Print

Umang Sitani Vs ITO (ITAT Delhi) During the year, the assessee has received Rs.2.58 Cr. on account of compulsory acquisition of his land comprising an amount of Rs.79.17 lacs on account of compensation and Rs.178.92 lacs on account of interest on land compensation, the fact of which is not in dispute. The AO treated the […]

No penalty for mis-declaration of origin of goods without any evidence of deliberate mis-declaration

July 10, 2022 1146 Views 0 comment Print

Shobha Plastics Pvt Limited Vs Commissioner of Customs (CESTAT Ahmedabad) The Principal Commissioner of Customs Ahmedabad vide impugned order has imposed penalty under section 112 (a) of the Act upon the appellants Jayesh Mehta and Harshad Vadodaria on the ground that appellants herein have aided and abetted the importer in importing the goods by way […]

No section 54 deduction on Property purchased in the name of married daughter

July 9, 2022 9222 Views 0 comment Print

Assessee had purchased property in the name of married daughter, although she was divorced, but she was an independent for purpose of the Income Tax Act. Therefore, benefit of deduction under section 54 cannot be allowed, when property has been purchased in the name of married daughter

GST payable on reimbursement received of stipend if Appellant not qualifies as pure agent

July 9, 2022 705 Views 0 comment Print

In re Teamlease Education Foundation (GST AAAR Karnataka) The limited issue for determination is whether the Appellant is acting as a ‘pure agent’ of the industry partner to the extent of reimbursement received towards stipend paid to trainees as part of the training agreement. In their appeal before AAAR, the Appellant has contended that the […]

Question on claim of ITC on Common Services falls under Section 97(2)(d)

July 9, 2022 642 Views 0 comment Print

The question ‘Whether ITC can be claimed on common services which arc utilized for both taxable as well as exempted supplies?’ is admissible for advance ruling as it falls within the scope of Section 97(2)(d) of the CGST Act.

GST payable on selling of land after undertaking development activities

July 9, 2022 1179 Views 0 comment Print

AAAR held that activity of purchase or allotment of land and selling the said land after undertaking development activities of providing amenities such as Drainage line, water line, electricity line, land leveling, and common facilities viz. road and street light etc. is liable to GST.

Lucantin Red/Yellow 10% NXT & Lucantin Pink classifiable under heading 2309

July 9, 2022 1302 Views 0 comment Print

In re BASF India Limited (CAAR Mumbai) CAAR held that the 3 products, i.e., Lucantin Red 10% NXT, Lucantin Yellow 10% NXT and Lucantin Pink are classifiable under heading 2309 and more specifically, under subheading 23099090 of the first schedule to the Customs Tariff Act, 1975. FULL TEXT OF THE ORDER OF CUSTOMS AUTHORITY OF […]

Negative balance in cash ledgers of composition taxpayers nullified

July 8, 2022 5409 Views 0 comment Print

The government has now decided that the negative balance in the cash ledgers of such taxpayers should be nullified. Accordingly, the negative balance has been nullified.

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