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Food Safety and Standards (Import) First Amendment Regulations, 2022

February 14, 2022 819 Views 0 comment Print

The articles of food or ingredients or additive imported by the manufacturers or processors for their captive use or production of value added products for hundred per cent exports; or the consignments of articles of food or ingredients or additives imported by the firms or companies for use of their sister concerns or wholly owned subsidiary companies, to be used for hundred per cent export production subject to a defined relationship agreement between the two entities in this behalf and accompanied with Sanitary/Health Certificate issued by the Competent Authority of an exporting country”

Trading features pertaining to the Electronic Gold Receipts (EGR) segment

February 14, 2022 1263 Views 0 comment Print

Trading in EGR segment shall be permitted from Monday to Friday. Stock exchanges can set their trading hours within the time limit of 9:00AM to 11:30PM / 11:55PM (as per US day light savings in Spring/ Fall Season).

ITAT upholds DRP’s Order deleting Section 234B Interest payable by Taxpayer

February 13, 2022 651 Views 0 comment Print

We have carefully perused the orders of the authorities below. We find that the interest levied u/s 234B of the Act was deleted by the DRP relying upon the decision of the Hon’ble Jurisdictional High Court of Delhi in the case of GE Packaged Power 373 ITR 65 in which the Hon’ble High Court followed the decision in the case of Agence France Press 2015-TII-14-HC-DEL-Intl. From the scrutiny report, on DRP’s directions, the AO has accepted the deletion. But since the matter is subjudice before the Hon’ble Supreme Court, these appeals have been preferred.

Service Tax not leviable on Container Detention Charges & Toll Tax

February 13, 2022 1956 Views 0 comment Print

Tiger Logistics (India) Ltd. Vs Commissioner of Service Tax (CESTAT Delhi) To retain the container beyond the pre-holding period is neither a service provided on behalf of the client (Business Auxiliary Service) nor is it an infrastructural support in the business of either the shipping lines or the customer (Business Support Service). Such charges can […]

Genuineness of transaction cannot be rejected for mere non-furnishing of stock register

February 13, 2022 1161 Views 0 comment Print

Neogenetics Foods Private Limited Vs DCIT (ITAT Bangalore) From the perusal of the final Assessment Order (paragraph 4.5) it is clear that the only reason given by the AO for not accepting the genuineness of the transaction with M/s. Manoj Traders and M/s. K. S. Enterprises is failure of the assessee to furnish copy of […]

Assessee eligible for cash refund of cessess lying as cenvat credit balance as on 30/06/2017

February 13, 2022 1302 Views 0 comment Print

Hindustan Zinc Ltd Vs Commissioner, Central Excise & CGST(CESTAT Delhi) The issue involved is whether the appellant-manufacturer of Lead and Zinc Concentrates which are dutiable whether they are entitled to refund of unutilized Cenvat credit of i) education cess ii) Secondary and Higher Education Cess, lying unutilized (credit balance) as on 30th June 2017. I […]

CAAR closes application for advance ruling for non-prosecution by applicant

February 13, 2022 339 Views 0 comment Print

(The interest of state requires that there should be an end to litigation) dictate that a conclusion is arrived at in respect of the said transferred application, where the applicant has failed to pursue their application for obtaining an advance ruling. Hence, I order that the said application of M/s Allanasons Pvt. Ltd. be treated as closed on the ground of non-prosecution.

Seed is not a agricultural produce & GST payable on its Storage & Packaging Services

February 11, 2022 9213 Views 1 comment Print

In re M. Narasimha Reddy & Sons (GST AAR Telangana) The applicant is supplying goods which are produce of cultivation of plants. However they are of seed quality and not grain, therefore further they are not meant for food, fibre, fuel or raw material for further processing. In the definition of agricultural produce, the word […]

Software licences & support services not chargeable to tax as Royalty

February 11, 2022 2202 Views 0 comment Print

BMC Software Asia Pacific Pte Ltd. Vs ACIT (ITAT Pune) The brief facts relating to the issue are that the assessee is a company incorporated under the laws of Singapore and is a tax resident of Singapore, therefore, the assessee is a non-resident from an Indian Income-tax perspective. We note that the assessee declared an […]

Withholding Tax Rate on payment by Google Cloud to Google Asia- HC Grants interim Relief

February 11, 2022 2247 Views 0 comment Print

Google Asia Pacific Pte Ltd Vs CIT (Delhi High Court) Learned counsel for the Petitioner has pointed out that withholding the rate of 10% as prescribed under the DTAA is inclusive of the applicable surcharge and cess and therefore no additional surcharge or cess is required to be imposed. This position, he submits is settled […]

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