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CESTAT upheld Disallowance of credit on rent-a-cab service to Wipro

December 12, 2018 1119 Views 0 comment Print

Wipro Enterprises Vs Commissioner of GST & Central Excise Chennai Outer (CESTAT Chennai) The appellant is aggrieved by the disallowance of credit on rent-a-cab service. 2. On behalf of the appellant, Shri R. Rajesh, Head – Taxation of the appellant-company appeared and argued the matter. He submitted that the appellant is engaged in manufacture of […]

Recovery proceeding should not be initiated till disposal of stay petition

December 12, 2018 1287 Views 0 comment Print

I reckon the petitioner has exercised on time its statutory remedy of filing an appeal. It appears that it has also filed a stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until the appellate authority decides on the stay petition.

Mere variation in description of Goods in Dealers’ Invoice and Inward Notes not sufficient to suspect Fraudulent Credit

December 11, 2018 849 Views 0 comment Print

M/s. C.P.C. (P) Ltd. Vs Commissioner of GST & Central Excise Coimbatore (CESTAT Chennai) The very variation in the description of the goods in the dealers’ invoice, as well as the material inward notes, cannot be a ground for alleging that the appellant has availed fraudulent credit. There is no allegation with respect to the […]

Bank passbook cannot be treated as books of accounts

December 11, 2018 12528 Views 0 comment Print

Smt. Ramilaben B. Patel Vs Income Tax Officer (ITAT Ahmedabad) This tribunal in the case of Rameshbhai Somabhai Patel vs. ITO (Supra) has held that the bank account of the assessee is not considered as part of the books of accounts.The relevant part of this order of the Tribunal is already reproduced above. From the […]

Part delivery of DPD consignment selected for scanning – reg

December 11, 2018 1518 Views 0 comment Print

As per Public Notice 161/2016 an undertaking had to be produced by DPD importers in case of part delivery. It has been decided that henceforth only importers having manufacturing facilities (manufacturer importers) can avail the facility of part delivery on submission of an undertaking as per the procedure laid down in PN 47/2007, dated 07.11.2007 & the Public Notice No.161/2016, dated 28.11.2016.

Plastics Broom-Sticks is classifiable under HSN Code 96032100

December 11, 2018 26199 Views 0 comment Print

In re M/s Aristoplast Products Pvt Ltd (GST AAR Daman/Diu/DNH) 1. In the first case against Application dtd 12.09.2018 filed by M/S Aristoplast Products Pvt Ltd, Survey No 45/2-8, Vapi Daman main road, Dabhel, Nani Daman, Advance Ruling is given that the product Plastics Broom-Sticks is classifiable under HSN Code 96032100 as “Others” and the […]

18% GST Payable on Cheese Balls’ having up to 55% Cheese

December 10, 2018 3759 Views 0 comment Print

We find from the label/packaging of the goods that the percentage of cheese is not more than 55%, which indicates that though cheese is the major component of the goods but it cannot be said to be present in such quantity that it predominates or overwhelms the presence of other ingredients. It is observed that the percentage of other ingredients is as high as 45%, which should prevent the goods from retaining the character of cheese. Therefore acceptance of these goods as cheese would not be the correct position.

No GST Exemption on warehouse services used for packing & storage of tea: AAAR

December 10, 2018 7758 Views 0 comment Print

In re M/s. Nutan warehousing Company Pvt. Ltd. (GST AAAR Maharashtra) Products stored in the warehouse of the appellant are not the agricultural produce, we come to the question asked in the advance ruling application filed by the them i.e. Whether the supply of warehouse services used for packing & storage of tea, under above […]

Filing Appeal against GST Registration Order (FORM GST APL-01)

December 9, 2018 154110 Views 5 comments Print

A. FAQs on Filing an Appeal against Registration Order (FORM GST APL-01) Q.1 Who can file an appeal to the Appellate Authority? Ans: Any taxpayer or an unregistered person aggrieved by any decision or order passed against him (with respect to Registration, amendment or cancellation etc.) by an adjudicating authority, may appeal to the Appellate […]

Discount cannot be treated as bogus merely because some parties denied it

December 7, 2018 792 Views 0 comment Print

Mondal Construction Co. Ltd. Vs ACIT (ITAT Kolkata) We note that assessee had debited a sum of Rs.10,99,907/-in the profit & loss account on account of discount on sale of flat. However, the Assessing Officer disallowed the said discount stating that some of the parties to whom the discount had been given, had informed that […]

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