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AA imposes Penalty of Rs. 50k on DC of ICAI for being negligent

February 26, 2020 1227 Views 0 comment Print

On perusal of the record, it reveals that the Institute was negligent in the non­compliance of the directions of this Appellate Authority. The DC was required to seek extension of time from this Authority had there been any difficulty on any count to dispose of the matter within six months.

DC warns IP for not conducting CIRP in a transparent manner

February 26, 2020 1014 Views 0 comment Print

In the matter of Ms. Kavitha Surana, Insolvency Professional (IP) under Regulation 11 of the Insolvency and Bankruptcy Board of India (Insolvency Professional) Regulations, 2016 read with Section 220 of the Insolvency and Bankruptcy Code, 2016 (Code) INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (Disciplinary Committee) Order No. IBBI/DC/17/2020 26th February, 2020 In the matter of […]

Time limit not applicable for Service Tax refund to SEZ

February 26, 2020 3015 Views 0 comment Print

Lanco solar Pvt. Limited Vs Commissioner, Central Tax, Central Excise, Customs (CESTAT Delhi) Delhi CESTAT  held that the ab initio exemption provided under the SEZ provisions, having overriding effect on the service tax provision. Under such position of law, a notification under service tax cannot restrict or provide a time limit for grant of refund […]

Amendment in Export Policy of Personal Protection Equipments/Masks 

February 25, 2020 2871 Views 0 comment Print

The Notification No. 47 dated 08.02.2020 is amended to the extent that the items specified under Serial No. 1 to 10 above are allowed freely for export. However, export of all other Personal Protection Equipment including N-95 masks or other items not specified in the exceptions above, shall remain Prohibited.

Proceeding against issue of Fake Invoice to illegally avail ITC not hit by Limitation under Section 6(2)(1)(b) of CGST Act 2017

February 25, 2020 5034 Views 0 comment Print

This Court does not find any substance in the arguments of the petitioner, when they say that the investigation and the proceedings now initiated is one, which hit by Section 6(2)(1)(b) of the CGST Act of 2017. What has also to be appreciated is the fact that there is a clear distinction between a proceeding drawn for the demand of tax evaded by the petitioner-establishment and the investigation be conducted by the Department of the DG, GST Intelligence Wings in respect of an offence committed by an establishment by way of using bogus and fake invoices and illegally availing ITCs, which the petitioner-establishment otherwise was ineligible.

Britannia Winkin’ Cow Thick Shake’ classifiable under CTH 22029930

February 25, 2020 4455 Views 0 comment Print

UHT Sterilized Flavoured Milk marketed under the brand name ‘Britannia Winkin’ Cow Thick Shake’ by the applicant is not classifiable under the Tariff heading ‘0402 /0404 but classifiable under CTH 22029930.

GST on import of drill bits for supply to ONGC at its location in India on consumption basis

February 25, 2020 2142 Views 0 comment Print

In re Halliburton Offshore Services Inc. (Drill Bits) (GST AAR Andhra Pradesh) In view of the submission made by the applicant we find that the basic issue before us is whether the import of drill bits for supply to ONGC at its location in India on consumption basis involves two supplies namely, Import into India […]

No profiteering if ITC availed in post-GST period is low in comparison to pre-GST period

February 25, 2020 957 Views 0 comment Print

Paramjeet Rathee Vs Supertech Limited (NAA) The Applicant No. 1 has further contended that while calculating profiteering, the DGAP has not considered the type of sale consideration i.e. Subvention Plan or CLP Plan, pre-­GST impact of ITC on cost, Cost Sheet Proforma for Goods/Services pre-GST and post-GST, Summary of purchased materials/imputs versus Construction Stages and […]

Committee to study feasibility of allowing life insurers to offer indemnity based health policies

February 25, 2020 789 Views 0 comment Print

Representations have been received from Life Insurance Companies to allow them to offer indemnity products as well. 1. In order to examine the feasibility of allowing life insurers offer indemnity based health policies, the competent Authority has decided to set up a committee with the following members:

Discount given for non-provision of certain service to foreign buyer not liable under BAS

February 24, 2020 873 Views 0 comment Print

MAN Trucks India Pvt. Ltd. Vs CCE (CESTAT Delhi) In a case where the assessee had exported goods to sister concern who in turn had sold them to buyers there, with the foreign importer being responsible for providing after sales services, CESTAT Delhi has held that the discount given in consideration for non-provision of warranty […]

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