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ITAT allows interest expenses claimed based on merchandise system of accounting

December 12, 2022 1305 Views 0 comment Print

ACIT Vs Gurgaon Gramin Bank (ITAT Delhi) It is emerges from the material on record that, the assessee was maintaining books of accounts which being duly audited by expert, i.e. Chartered Accountant. The report of the chartered accountant has been furnished before the A.O. At the time of assessment proceedings, the Assessing Officer has disallowed […]

Directors cannot be prosecuted for cheques issued after they ceased to be Directors of Company

December 12, 2022 696 Views 0 comment Print

Sunita W/O Bharatkumar Aitawade Vs Vidya W/O Sagar Aitawade (Karnataka High Court) The cheque in question was issued on 01.08.2019. The petitioners, who were the Directors of the Company, ceased to be the Directors of the Company with effect from 22.03.2017 which is evident from the Form No.DIR-12 issued by Registrar of the Companies and the same […]

Inclusion of Diesel provided free of Cost in Value of service -Applicant withdraws application

December 12, 2022 810 Views 0 comment Print

In re Sri Amareshwar Traders (GST AAR Karnataka) Considering the expression ‘any amount that the supplier is liable to pay’ in section 15(2)(b), can the service provider to be held liable for free of cost diesel, which is explicit contractual liability of the recipient of supply and therefore, free diesel is not includable in the […]

AAR cannot give ruling on utilization of ITC available in Electronic Credit Ledger

December 12, 2022 1287 Views 0 comment Print

Applicant seeks advance ruling on issue of utilization of ITC available in the Electronic Credit Ledger and question is not covered under issues specified in Section 97(2) of CGST Act 2017.

AAR cannot give ruling in respect of completed supply

December 12, 2022 918 Views 0 comment Print

In re Centre For Symbiosis of Technology (GST AAR Karnataka) The applicant provided consultancy services to KUIDFC for the program called NKUSIP, involving supervision and programme management consultancy for the PMC works undertaken in divisions of Bellary and Gulbarga. Accordingly, the applicant entered into an agreement dated 26.07.2017 and completed the project during 2019. The […]

GST on transfer of independent part of business pertaining to a mobile software

December 12, 2022 1137 Views 0 comment Print

In re Capfront Technologies Pvt. Ltd (GST AAR Karnataka) AAR held that transfer of independent part of business pertaining to ‘Loan Front’ app, a mobile software, qualifies to be a transfer of going concern, and the said activity amounts to ‘Service by way of transfer of going concern as an independent part’ and thus is […]

Company not filed Balance Sheet- Benefit of small company cannot be given in Penalty proceedings

December 12, 2022 1119 Views 0 comment Print

Whereas, the company is in default for filing its Financial Statements since its incorporation with the office of Registrar of Companies, Patna. Hence, this office has issued show cause notice for default under section 137 of the Companies Act, 2013 vide No ROC/ PAT/ SCN/ 137/ 22447/ 1166-1169 dated 23.08.2022. As per MCA portal, paid […]

Classification of imported Processed API Betel-nut product known as Supari

December 12, 2022 3579 Views 0 comment Print

In re Shahnaz Commodities International (CAAR Mumbai) Classification for the proposed import of 1) Processed API Betel-nut product known as Supari and 2) Processed Betel-nuts unflavoured chemically processed Supari in small cut-pieces (not split). Roasted Areca Nuts – whole as well as cut – merit classification under Heading 2008 and specifically under subheading 2008 19 […]

Classification of Processed API Betel-nut product known as SUPARI

December 12, 2022 3294 Views 0 comment Print

In re Rose Marry International (CAAR Mumbai) CAAR held that subject goods placed before CAAR for consideration, i.e.. 1) Processed API Betel-nut product known as Supari and 2) Processed Betel-nuts unflavoured chemically processed Supari in small cut‑pieces (not split) merit classification under chapter 8 of the Customs Tariff, and more appropriately, under the heading 0802, […]

GST payable on advance charges collected under Unparallel Health Insurance Scheme

December 11, 2022 1350 Views 0 comment Print

The charges collected under the Unparallel Health Insurance Scheme are to be considered as advance towards the provision of the health care services to the subscribers of this scheme, and accordingly. any amount collected towards this scheme will not be subjected to levy of GST

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