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No supply of services by employer by paying part consideration of employees’ refreshments

April 12, 2022 1659 Views 0 comment Print

In re Cadila Healthcare Limited. (GST AAR Gujarat) Whether the subsidized deduction made by the Applicant from the employees who are availing food in the factory/corporate office would be considered as a supply by the Applicant under the provisions of Section 7 of Central Goods and Service Tax Act, 2017 and Gujarat Goods and Service […]

AAr can give ruling only on supply being undertaken or proposed to be undertaken

April 12, 2022 606 Views 0 comment Print

In re Royal Techno Projects (India) Pvt. Ltd. (GST AAR Gujarat) Vide email dated 1-4-22, M/s Royal submitted Work Order dated 1-12-20 for Widening & Strengthening Costg. Slab Drain of Asoj Pilol Road (VR) of Vadodara District under MMGSY 2019-20, from Gujarat State Road and Building Department. We find that vide the Tender to this […]

Recipient of Services cannot apply to know SAC & GST rate: AAR

April 12, 2022 798 Views 0 comment Print

In re Surat Smart City Development Ltd. (GST AAR Gujarat) Recipient of supply may seek Rulings in cases pertaining to admissibility of ITC of tax paid or deemed to have been paid (Section 97(2)(d)) or when the recipient is liable to pay tax under RCM. We find no such case before us to hold that […]

Proposed Amendments in CGST Act 2017

April 11, 2022 3156 Views 0 comment Print

Amendments in GST Acts ♦ Certain changes have been proposed in the CGST Act through Finance Bill, 2022 based on the recommendations made by the GST Council. ♦ The Amendments pertaining to GST law are mainly in Clause 99 to 113 of the Finance Bill, 2022, which will come into effect from a date to […]

Draft Code on Wages (Tamil Nadu) Rules, 2022

April 11, 2022 5556 Views 1 comment Print

(1) These rules may be called the Code on Wages (Tamil Nadu) Rules, 2022. (2) They extend to the whole of the State of Tamil Nadu. (3) They shall come into force after the date of their final publication in the Official Gazette, on the date of the commencement of the Code on Wages, 2019 (Central Act 29 of 2019).

Section 194A TDS not deductible on Interest  on Enhanced Compensation under LA Act 

April 10, 2022 5298 Views 0 comment Print

Land Acquisition Office Vs DCIT (TDS) (ITAT Delhi) The issue for consideration is whether the impugned interest received by the land owners on enhanced compensation is ‘income from other sources’ under section 56 of the Act attracting the TDS provision enshrined under section 194A of the Act. In the assessment proceedings for the assessment year […]

Cenvat credit on outward transport eligible if place of removal is premises of the buyer

April 10, 2022 2091 Views 0 comment Print

Shree Rajasthan Syntex Ltd. Vs Commissioner, Central Goods and Service Tax (CESTAT Delhi) The appellant have admittedly made sales on FoR destination basis. Further, it is the appellant who have borne the incidence of freight and has paid the service tax on the same. I further hold that the place of removal is the premises […]

HC cannot permit Waiver of Pre-Deposit under section 35F

April 10, 2022 3342 Views 0 comment Print

Santhosh Kumar K The Commissioner (Kerala High Court) A perusal of the statutory provisions will reveal that the amendment to section 35F of the Central Excise Act r/w Section 86 of the Finance Act, 1994, clearly manifest the intention of the legislature that the waiver of pre-deposit, which was being resorted to, quite often by […]

TDS not deductible on Payment to Facebook Ireland for Advertisement

April 10, 2022 7455 Views 0 comment Print

Addl. CIT Vs Lenskart Solution (P) Ltd. (ITAT Delhi) It was claimed by the Assessee that as the Assessee had made the payment to Facebook Ireland Inc. (FII), which admittedly did not have any permanent establishment (PE) in India and, therefore, the payments made to it for advertisement services were not chargeable to tax in […]

Cenvat credit of service tax not eligible on ‘rent-a-cab’ service

April 10, 2022 684 Views 0 comment Print

Kriti Industries (India) Ltd. Vs Commissioner, Customs, Central Goods Service Tax & Central Excise (CESTAT Delhi) While confirming a demand in relation to availment of cenvat credit of service tax paid on ‘rent-a-cab’ service, the CESTAT, Delhi bench has held that since the availment was without malafide intention, the penalty on the appellant shall be deleted. The […]

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