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GST Payable on treatment of patients suffering from substance use disorder

April 25, 2023 2244 Views 0 comment Print

AAR held that substance use disorder (SUD) is out of ambit of health care services and supply of services by treatment of patients suffering from SUD as out-patient don’t fall under the definition of health care services so not exempt under entry 74(a) of notification no. 12/2017 CGST Rate dated 28-06-2017.

Income Tax Notices Issued on Non-Existing Company quashed

April 19, 2023 1206 Views 0 comment Print

Impugned notice is quashed as it was issued in the name of non-existing company in spite of revenue having notice & knowledge of non-existence of such Company.

GST Registration cancellation- HC refers matter back to primary authority

April 19, 2023 402 Views 0 comment Print

Y Screens Entertainment (India) Ltd Vs Government of AP (Andhra Pradesh HC) Issue- 3rd respondent cancelled the GST Registration of the petitioner for non filing of returns for a period of six months.  Aggrieved thereby, the petitioner filed appeal before the 2nd respondent and vide order in Special Appeal  which was dismissed on the ground that […]

Documentation services not liable to Service tax prior to 1st May, 2006

April 19, 2023 708 Views 0 comment Print

Demand on documentation services raised under Steamer Agent Services, in fact, it is Business Support Services, which came into effect from 01.05.2006, Therefore, documentation services are not liable to service tax prior to 1st May, 2006.

Abating for fraudulent availment of Cenvat credit – CESTAT sustain penalty

April 18, 2023 582 Views 0 comment Print

Banas Enterprises Vs C.C.E & S.T. Daman (CESTAT Ahmedabad) CESTAT  find that there is no dispute about the fraudulent availment of Cenvat Credit by M/s. Tarun Polymers, Daman, who has wrongly availed the Cenvat Credit of huge amount of 29170642/-. In order to avail this fraudulent Cenvat credit by M/s. Tarun Polymers, Daman, all buyers […]

HC quashes perverse Section 148A(d) order as passed without application of mind

April 18, 2023 2934 Views 0 comment Print

Order under Section 148A(d) appears from record, is perverse and is in total non-application of mind and is liable to be quashed.

Reimbursement of cost received by assessee, cannot be treated as FTS

April 18, 2023 1158 Views 0 comment Print

Shangri-La International Hotel Management Pte Vs ACIT (ITAT Delhi) The next common issue arising for consideration is taxability of reimbursement of expenses as FTS both under the provisions of the Act as well as India-Singapore DTAA. As could be seen from the draft assessment order, alleging that the assessee did not provide the break up […]

Service Tax Commissioner (Appeal) cannot go beyond Scope of SCN

April 18, 2023 2415 Views 0 comment Print

Uniform Enterprise Vs C.C.E. & S.T. – Daman (CESTAT Ahmedabad) CESTAT find that show cause notice was issued demanding service tax under the head of Industrial or Commercial Construction Service and in the adjudication order also the service tax demand was confirmed under the same heading. However, the learned Commissioner (Appeals) travelling beyond the show […]

ITC Eligibility on Structural Support for Overhead Crane & Integrated Factory Building

April 17, 2023 7902 Views 0 comment Print

In re Coral Manufacturing Works India Private Limited (GST AAAR Tamilnadu) The GST AAAR Tamilnadu has recently delivered a ruling on a significant topic concerning the Input Tax Credit (ITC) in relation to structural support erected for overhead cranes within an ‘Integrated Factory’ building. The appeal case presented by Coral Manufacturing Works India Private Limited […]

Handbook of Procedures 2023 (HBP 2023)

April 4, 2023 42177 Views 0 comment Print

Handbook of Procedures 2023 (w.e.f 1 st April, 2023) contains 11 chapters namely  Legal Framework and Trade Facilitation, General Provisions Regarding Imports and Exports, Developing Districts as Export Hubs, Duty Exemption / Remission Schemes, Export Promotion Capital Goods (EPCG) Scheme, Export Oriented Units (EOUs), Electronics Hardware Technology Parks (EHTPs), Software Technology Parks (STPs) and Bio-Technology Parks […]

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