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GST: Interest & penalty – After opting Section 74 there cannot be variance to suit convenience of Assessee

September 30, 2020 3999 Views 0 comment Print

Muhammed Kochukudiyil Ishabeevi Alias Isha Shaefi Proprietress Nadiya Timbers Vs State Tax Officer (Intelligence) (Kerala High Court) Contention of the petitioner that she should be exempted from the requirement of paying interest and penalty while availing the option of payment of tax for the purposes of avoiding the show cause notice cannot be accepted. The […]

AO to examine section 79 only in year in which  assessee claims set off of losses

September 25, 2020 4872 Views 0 comment Print

Orra Fine Jewellery Pvt. Ltd. Vs DCIT (ITAT Mumbai) The substantial issue for consideration now before us for the A.Y. 2012-13 is whether the provisions of section 79 of the Act can be invoked and examined in the assessment year in which the assessee claimed for carry forward of losses or in the assessment year […]

HC directs GST department to provide copy of demand order to Petitioner

September 21, 2020 1161 Views 0 comment Print

Sai Industries Vs State of Bihar (Patna High Court) HC dispose of the present petition in the following terms: (a) copy of the order passed by the authorities, leading to the passing of the order of demand shall be supplied to the petitioner, through his counsel, by tomorrow; (b) as and when petitioner takes recourse […]

AO cannot reject valuation method adopted by assessee without pointing out Flaw in the same

September 21, 2020 750 Views 0 comment Print

It was submitted that when the assessee has adopted a particular method of valuation as provided under the Act and Rules and in the absence of any material that such method was adopted to defraud the Revenue, merely because the Assessing Officer is of the view that NAV method alone has to be adopted is not a ground to reject the DCF method.

Property sold during pendency of GST proceedings is Void

September 21, 2020 2850 Views 0 comment Print

High court held that since the defaulter had transferred the property in favour of his brother’s wife, by appointing his own brother as the Power Agent to act on his behalf and such a sale has happened within six months from the date of which the demand of arrears of tax was made, it can be said there are no bona fides in such a transfer.

No GST exemption to GIDC on establishment, organisation & development of industries

September 17, 2020 7473 Views 0 comment Print

In re Gujarat Industrial Development Corporation (GST AAR Gujarat) As per the submission of the applicant, Gujarat Industrial Development Corporation (GIDC)  was established under the provisions of Gujarat Industrial Development Act, 1962 by the State Government of Gujarat for the purpose of securing orderly establishment and organisation of industries in industrial areas and industrial estates […]

Non Woven Bags manufactured through intermediate product Non Woven fabric classifiable under Heading No. 5603

September 17, 2020 1647 Views 0 comment Print

In re Rotex Fabric Pvt.Ltd. (GST AAR Gujarat) Question.1 Whether the product Non Woven Bags manufactured through the intermediate product Non Woven fabric classifiable under Heading No. 5603 are properly classifiable under Heading No. 6305 or under Heading No. 3923? Ans. The product Non Woven Bags manufactured through the intermediate product Non Woven plastic material […]

Fried Fryums classifiable under HSN 21069099- Attracts 18% GST

September 17, 2020 29808 Views 0 comment Print

In re Swaminarayan Foods Pvt.Ltd. (GST AAR Gujarat) Question: Whether any tax is payable in respect of sale of Fryums manufactured by the applicant? And if the answer is in the affirmative, the rate of tax thereof? Answer : The product ‘Fried Fryums’ manufactured and supplied by applicant is classifiable under Tariff Item 2106 90 […]

Un-fried FRYUMS classifiable under Tariff Item 2106 90 99

September 17, 2020 3426 Views 0 comment Print

In re J K Snacks Industries (GST AAR Gujarat) Question 1: Under which Tariff Heading, the product dealt in by the applicant, i.e. PAPAD of different shapes and sizes are eligible to be classified? Answer:  The product of different shape and sizes manufactured and supplied by applicant is “un-fried FRYUMS” and not “Papad” and is […]

GST on Agro Waste Thermic Fluid Heater or Boiler & parts thereof

September 17, 2020 5997 Views 0 comment Print

What is the classification and rate of tax payable in respect of Agro Waste Thermic Fluid Heater or Boiler and parts thereof considering the applicability of Sl. No. 234 of Schedule I to Notification No.1/2017-Central Tax (Rate), dated 28.06.2017 and corresponding notifications issued under State GST law and IGST Act?

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