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CESTAT allows CENVAT Credits to Appellant for input services availed by branch office

October 24, 2022 1020 Views 0 comment Print

Desai and Diwanji Vs Commissioner of CGST (CESTAT Mumbai) It was held in that decision that in the event of centralised billing and centralised accounting system, when one registration is permissible under Section 4(2), discharging Service Tax liability from the registered premises would not disentitled the benefits of CENVAT Credit on the Service Tax paid […]

Export obligation discharge certificate (EODC) – CESTAT allows extended period to fulfill export obligation

October 24, 2022 2388 Views 0 comment Print

IND Synergy Ltd Vs Commissioner of Customs (CESTAT Hyderabad) This   appeal has been filed by M/s IND Synergy Ltd., (Raipur) assailing the order-in-original dated 31.07.2020 passed by the Principal Commissioner of Customs Visakhapatnam, the operative part of which is as follows: (a) “I deny the benefit of Notification No. 097/2004-Customs dated 17.09.2004 to the capital […]

GST order uploaded on website but not intimated to Assessee: HC allows time to file appeal

October 24, 2022 2406 Views 0 comment Print

Nirmala Menon Vs Assistant Commissioner (ST) (Madras High Court) To be noted, that the order is stated to have uploaded on the website of the portal, but the petitioner has not been intimated about such uploading by any means. It is only when coercive recovery was taken to recover the demand under the order that […]

ITAT Condones Delay as counsel not intimated Regarding Ex Parte Order

October 24, 2022 981 Views 0 comment Print

Surender Vs ITO (ITAT Delhi) The assessee has suffered an assessment order dated 14/12/2016, but the assessee has challenged the same before the CIT(A) with a delay of 224 days. It is the case of the assessee before the Ld. CIT(A) for condoning the delay is ‘that the assessee was under the impression that his […]

GSTIN linking cannot be denied merely for providing information in FORM GST REG-29 instead of FORM GST REG-16

October 24, 2022 1407 Views 0 comment Print

The respondents have submitted a reply wherein, the averments made by the petitioner are controverted on the ground that the application for cancellation of registration was made in FORM GST REG-29 and not in FORM GST REG-16 and thus, the system did not link the GSTIN of Shri Abdul Hameed Bhati (the deceased proprietor of the firm) to the GSTIN of the petitioner herein.

ROC impose penalty for issuing private placement offer cum application letter before filing relevant Board/special resolution with Registry

October 21, 2022 5517 Views 0 comment Print

Applicant Company and its officers who have made the default in complying provision of Rule 14(8) of Companies (Prospectus and Allotment of securities) Rules 2014 of companies Act, 2013 as private placement offer cum applications at different dates were issued before filing special resolution to ROC. Hence, they are liable for penalties under section 450 of Act, 2013.

CBIC extend due date of filing GSTR 3B to 21st day of October, 2022

October 21, 2022 7986 Views 0 comment Print

Due date for furnishing FORM GSTR-3B for September, 2022 month extended till 21st day of October, 2022. Notification No. 21/2022-Central Tax

Value of rent free space, free water & electricity will form part of value of supply

October 21, 2022 834 Views 0 comment Print

In re Vinayak Air Products Private Ltd (GST AAR Uttarakhand) Whether the water and electricity charges as well as the notional rent of the land, provided free of charge by BHEL, CFFP to the applicant, shall form part of the value of supply of oxygen gas by the applicant? Section 15(2)(b) ibid specifically includes any […]

GST on ‘coal rejects’ whose invoice is raised upon washery/job-worker

October 21, 2022 3861 Views 0 comment Print

In re Punjab State Power Corporation Limited (GST AAR Punjab) (i) Whether the ‘coal rejects’ whose invoice is raised by Applicant upon washery/job-worker, is taxable under GST Act and Compensation Cess Act in the hands of Applicant? Yes, Coal rejects are to be classified under HSN 2701 and are taxable at 5% GST Rate Rs. […]

GST rate and HSN Code of industrial safety belt and harness

October 21, 2022 18003 Views 0 comment Print

The item industrial safety belt manufactured by the applicant would be classified under chapter sub-heading 6307 20 90 and tax would be levied @ 5% of item sale value not exceeding Rs.1000/- per piece and @ 12% in case where sale value exceeds Rs.1000/- per piece.

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