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Advance ruling cannot sought by applicant in relation to supply being received by him

February 28, 2022 1611 Views 0 comment Print

In re Cosmic CRF Limited (GST AAR West Bengal) In terms of clause (a) of section 95 of the GST Act, an advance ruling means a decision provided by this Authority or the Appellate Authority, as the case may be, on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) […]

GST not leviable on supply incurred during warranty period, free of cost

February 28, 2022 2463 Views 0 comment Print

Q2. Whether GST leviable on supply of materials and labour charges incurred during the warranty period, free of cost? A2. Supply of materials and labour while rendering warranty services during the warranty period, free of cost, does not attract GST

AO not entitled on change of opinion to commence reassessment proceedings

February 28, 2022 2991 Views 0 comment Print

Macrotech Developers Limited Vs ACIT (Bombay High Court) The question is whether there was a failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of Assessment Year 2012-13. It is not the case that there is failure on the part of the assessee to make […]

Agreement needs to be read as a whole to determine eligibility for service tax exemption: SC

February 28, 2022 3138 Views 0 comment Print

Adiraj Manpower Services Pvt. Ltd. Vs Commissioner of Central Excise (Supreme Court) The appellant has sought the benefit of Notification No. 25/2012-Service Tax dated 20 June 2012. Under the terms of the notification, the Central Government exempted certain taxable services from the whole of the service tax leviable under Section 66(B) of the Finance Act […]

Import of Goods at Concessional Rate of Custom Duty- Automation WEF 01.03.2022

February 27, 2022 7047 Views 0 comment Print

The process is being automated. The Rules prescribe the submission of the necessary details electronically, through the common portal. (The common portal is the one notified vide notification 33/2021 dated 29-03-2021 and accessible at the URL www.icegate.gov.in).

HC directs dept to consider allowing petitioner to correct Form GSTR 1 Return

February 26, 2022 2781 Views 0 comment Print

Mahle Anand Termal Systems Pvt. Ltd. Vs Union of India  (Bombay High Court) In this case petitioner made inadvertent errors in GSTR-1 form wherein GSTN number of the recipient of goods was mentioned incorrectly. Leading to denial of credit to the recipient. Time limit for rectification expired. Supplier made representations, however, remained unanswered. The Hon’ble […]

Kerala Govt. extends Flood Cess Annual Return due date

February 25, 2022 10173 Views 0 comment Print

The taxpayers were facing some technical issues as a result whereof, the annual Kerala Flood Cess Return for the period 2019-20 and 2020-21 could not be furnished in time. The electronic system for the filing of Kerala Flood Cess return has now been developed and is made available for the public.

Central Motor Vehicles (fifth Amendment) Rules, 2022

February 25, 2022 33648 Views 0 comment Print

(1) These rules may be called as the Central Motor Vehicles (fifth Amendment) Rules, 2022. (2) They shall come into force with effect from the 1st April, 2022. 150A. Procedure for investigation of road accident. – The procedure to be followed for investigation of all accidents arising out of the use of motor vehicles shall be in accordance with Annexure-XIII and in the manner of submission and form, including electronic submission on such Portal as may be specified.

If sworn statements not going to be used against Assessee than he need not cross-examine such individuals

February 25, 2022 1908 Views 0 comment Print

SRS Mining Vs DCIT (Madras High Court) In the considered view of this Court, stated position of the Revenue, which has been captured supra more particularly, the stated position that the sworn statements are not going to be used against the writ petitioner as set out in the counter affidavit and as captured in this […]

Non-filer assessment orders under GST in cases of non-existent/genuine taxpayers

February 25, 2022 12360 Views 1 comment Print

Assessment of return non-filers u/s 62 is done as a measure to ensure filing of return. However, the taxpayers are’ detected as non-existent / non-genuine and the registrations are cancelled consequently, the issue of addressing the liability arising out of the UAO has cropped up which is dealt with in this circular.

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