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HC allows release of goods subject to payment of GST

January 3, 2023 807 Views 0 comment Print

Sheetal Jain Vs State Tax Officer (Kerala High Court) Petitioner has approached this Court being aggrieved by Ext.P12 order issued under Section 130 of the CGST/SGST Acts and Ext.P15 appellate order confirming Ext.P12 order. The grievance of the petitioner is that in the absence of the Appellate Tribunal, the petitioner is unable to avail the […]

HC allows rectification of GSTR-1 as entries mistakenly shown in B2C instead of B2B

January 3, 2023 6798 Views 0 comment Print

Certain inadvertent mistakes were committed by showing the outward supply in B2C column instead of B2B and therefore, the recipient, i.e. the respondent no.2 is unable to find the same in GSTR-2A

No penalty on addition based on estimated rate of profit applied on turnover

January 3, 2023 1887 Views 0 comment Print

ITO Vs Pritesh Mafatlal Shah (ITAT Mumbai) Hon’ble Delhi High Court in the case of CIT Aero Traders Pvt. Ltd., [322 ITR 316] wherein the Hon’ble High Court affirmed the order of the Tribunal in holding that estimated rate of profit applied on the turnover of the assessee does not amount to concealment or furnishing […]

GST on services for augmentation of oil/gas facilities

January 3, 2023 2973 Views 0 comment Print

In re Worley Services India Pvt. Ltd. (GST AAAR Maharashtra) We, hereby, uphold the MAAR Order No. GST-ARA-27/2020-21/B-38 dated 31.03.2022 (‘Impugned Order’) wherein it has been held that the services provided by the Appellant are neither covered under SI. No. 24(ii) nor under SI. No. 21(ia) of the Rate Notification. As regards the classification of […]

ITAT allows depreciation on expense for ERP software named WFX-ERP-II

January 3, 2023 1146 Views 0 comment Print

Indo British Garments P. Ltd. Vs ACIT (ITAT Delhi) The solitary issue in this appeal is that the assessee has capitalized the said expenses in their financial statements and treated the same as royalty and claimed the same as revenue expenditure in the computation of income. The AO held that since the assessee itself has […]

No Penalty u/s 11A (4) of Central Excise Act in Absence of Tax Evasion

January 3, 2023 879 Views 0 comment Print

Universal Bituminous Industries Pvt. Ltd. Vs Commr. of CGST & CX (CESTAT Kolkata) A Show Cause Notice dated 04/04/2019 was issued demanding an amount of Rs. 67,505/- (i.e 6% of 10% of traded goods) on traded items to the tune of Rs.1,12,50,819/- during the Financial Year 2013-14 2.2. The Ld. Adjudicating Authority confirmed the demand […]

Country of Origin Certificate not required to be submitted if Bill of Entry contains country of Origin

January 3, 2023 1215 Views 0 comment Print

The Timberland Vs Commissioner of GST & CE (Appeals) (CESTAT Chennai) In paragraph-7 of the impugned order, the first appellate authority has clearly recorded that the appellant did not submit the Country of Origin Certificate as prescribed, either during the assessment stage or appellate stage. Against this, the learned Consultant would contend that the Bill […]

Rule 128(9) not provide for disallowance of Foreign Tax Credit in case of delay in filing Form 67

January 3, 2023 2853 Views 0 comment Print

Rule 128(9) of the Rules does not provide for disallowance of Foreign Tax Credit (FTC) in case of delay in filing Form 67

Securities Contracts (Regulation) Amendment Rules, 2022

January 2, 2023 1389 Views 0 comment Print

(1) These rules may be called the Securities Contracts (Regulation) Amendment Rules, 2022. (2) They shall come into force on the date of their publication in the Official Gazette.

Display assembly/module merit classification under Sub-heading 85249100

January 2, 2023 3234 Views 0 comment Print

In re Holitech India Pvt. Ltd. (CAAR Delhi) The question under the application for advance ruling relates to classification of goods. Further, it is also observed that Sub-section (b) of section 28E of the Customs Act, 1962 lays down that Advance Ruling means a written decision on any of the questions referred to in section […]

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