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‘Wadhwa Realty’ guilty of not passing ITC benefit to home buyers: NAA

July 21, 2022 444 Views 0 comment Print

Atul Waichal Vs Wadhwa Realty Pvt. Ltd. (NAA) The Authority finds that, the ITC, as a percentage of the turnover, that was available to the Respondent during the pre-GST period (April-2016 to June-2017) was 2.80%, whereas. during the post-GST period (July-2017 to September, 2019), it was 2.83%. This confirms that in the post-GST period, the […]

Additional Evidence cannot be accepted without complying Income Tax Rule 46A

July 21, 2022 1212 Views 0 comment Print

ITO Vs Tilak Proficient Nidhi Limited (ITAT Allahabad) The ld. CIT(A) simply accepted all the contentions /additional evidences filed by the assessee, without complying with Rule 46A of the Income Tax Rules, 1962, as it was incumbent on ld. CIT(A) to have forwarded all these additional evidences/explanations filed by assessee to the AO for its […]

ITAT denied Section 11 & 12 exemptions for failure to File Form No. 10B Electronically

July 15, 2022 3057 Views 0 comment Print

Ahmedabad ITAT dismisses Ambica Trust’s appeal as it failed to electronically file Form 10B for exemptions under sections 11 and 12 of the Income Tax Act.

GST on supply of Ayurvedic products under AYUSH Department licenses

July 15, 2022 9489 Views 1 comment Print

In re Incnut Lifestyle Retail Private Limited (GST AAR Telangana) The applicant claims to be manufacturing Ayurvedic products under licenses issued by AYUSH Department of Government of Telangana. The applicant therefore is of the opinion that all the products manufactured by the applicant can be classified as Ayurvedic medicaments under chapter sub-heading ‘30049011’ @12% under […]

GST on printing of leaflets for clients pertaining to pharmaceutical sector

July 15, 2022 984 Views 0 comment Print

The applicant is printing leaflets and packing materials of his clients pertaining to pharmaceutical sector. The leaflet contains the literature pertaining to said medicine. Applicant wishes to know rate of tax including HSN code for printing of leaflets?

18% GST payable on executing works for Governmental Entity or Authority

July 15, 2022 735 Views 0 comment Print

In re KPC Projects Limited (GST AAR Telangana) M/s. KPC Projects limited are executing works to Telangana State Tourism Development Corporation limited (Government entity) and desirous of ascertaining the rate of tax under CGST & SGST on their supplies. Questions raised: 1. In view of the services provided by the applicant to TSTDC, is the […]

Advance ruling under GST cannot be given on liability of third party

July 15, 2022 1173 Views 0 comment Print

AAR held that applicant is seeking an advance ruling on the liability of the third party, i.e., the developer who is not represented before this authority. A ruling cannot be given on the back of an effected party to determine his liability to pay tax. Hence the application is rejected.

Section 263 order not valid for land vacation compensation issue already examined by AO

July 15, 2022 546 Views 0 comment Print

Issue relating to the land vacation compensation charges claimed by the assessee in the year under consideration was duly examined by the Assessing Officer by making the necessary inquiries and after satisfying himself on perusal of the relevant details and documents placed on record by the assessee

Section 80IB deduction not allowable if Form 10CCB not filed with return of income

July 14, 2022 2259 Views 0 comment Print

DCIT Vs Kalyan Aqua & Marine Exports India Pvt Ltd (ITAT Visakhapatnam) We find that even though it is claimed by the Ld. AR that there was a technical error which prevented the assessee from filing/uploading the Form-10CCB along with return of income filed U/s. 139(1), the Ld. AR could not produce the Form-10CCB claimed […]

Section 54B exemption allowable even if land was cultivated only for few days during Relevant Years

July 13, 2022 999 Views 0 comment Print

Term two years has been interpreted to mean that not during the whole period of two years, even if the land is used for some days in the earlier year, it would be sufficient for compliance of provisions of section 54B

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