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Weekly newsletter from Chairman, CBIC dated 30/11/2021

November 30, 2021 519 Views 0 comment Print

The spirit of ‘Team CBIC’ must continue and with Shri Vivek Johri as the Chairman of CBIC, the department is in very capable hands. He is a person with vision and clarity of thought. A bold leader who will lead from the front. I foresee the role of CBIC expanding to new areas, under him, in times to come.

Export Policy of Fertilisers – Updation in List of Manufactures/Units of NP/NPK Fertilizers

November 29, 2021 1167 Views 0 comment Print

List of Manufacturers / Units of NP / NPK, who can freely export their own manufactures subject to the conditions, have been amended by adding the name of M/s Universal Crop Protection to the list of existing entries. MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF FOREIGN TRADE) New Delhi, the 29th […]

Internal TNMM should be adopted over external TNMM while determining ALP

November 29, 2021 3894 Views 0 comment Print

ACIT Vs e4e Business Solutions India Pvt. Ltd. (ITAT Bangalore) TPO should choose the internal comparable in controlled transaction as against an external comparable The underlying object behind computing ALP of an international transaction is to find out the profits which such enterprise would have earned if the transaction had been with some third party […]

AAR Karnataka allows ‘Pavan Ventures’ to withdraw application

November 29, 2021 486 Views 0 comment Print

In re Pavan Ventures (GST AAR Karnataka) a. The firm supplies food in a day out package along with sports and adventure activities, whether it constitutes mixed supply? If yes, what is the rate of GST? b. If services provided on a day out package along with food, what is the GST rate? Or can […]

GST on Liquidated damages – AAR allows withdrawal of Application

November 29, 2021 696 Views 0 comment Print

In re Bank Note Paper Mill India Pvt. Ltd (GST AAR Karnataka) a. Applicability of GST on Liquidated damages for delay in supply as penalty (this is in nature of penalty) b. Applicability of GST on Liquidated damages for compensation of extra cost on account of default from the supplier (this is in the nature […]

Advance ruling application rejected for non-payment of fees under CGST Act

November 29, 2021 459 Views 0 comment Print

In re Johnson Lifts Pvt. Ltd (GST AAR Karnataka)  Whether Sl.No.3(v)(b) of Notification 11/2017-CT(Rate)-6% CGST is available, when- (a) Such building consists of more than one residential unit and falls under the definition of ‘residential complex’ But the Applicant, vide their letter dated 26.08.2021, informed this authority that they withdraw their application, filed for advance […]

Value to be mentioned on E-Way Bill in case of Job Work- Application rejected

November 29, 2021 1209 Views 0 comment Print

In re Metalex Steel Strips Pvt.Ltd (GST AAR Karnataka) We do job work of slitting, cut to length and matt finishing of stainless steel sheets with HSN code 9988. Further above type of job work what value to be mentioned in e-way bill whether goods value or job work charges only. But the applicant, vide […]

No section 11UA penalty if there is no case of duty short paid due to collusion, willful misstatement or suppression of facts

November 28, 2021 1035 Views 0 comment Print

So-Hum Trading Company Vs Commissioner of Customs (CESTAT Kolkata) We find that the Appellant was not availing any benefit in terms of the Exemption Notification and there was no occasion for confiscation of the live goods under Bill of Entry No.2321708 dated 05.07.2017 as the letter dated 16.07.2017 shows that the Country of Origin Certificate […]

HC Refuses Anticipatory Bail to Person accused of Wrongfully Claiming ITC

November 28, 2021 1380 Views 0 comment Print

Premprakash Bansal Vs State of Maharashtra (Bombay High Court) Heard learned Counsel for the parties. 2. Apprehending arrest in Crime No. 0178 of 2021 registered with APMC Police Station, Navi Mumbai for the offences punishable under Section 420, 406 and 34 of the I.P.C, Applicant seeks pre-arrest bail. 3. On 10th August, 2021, this Court declined […]

CESTAT allows use of Cenvat Credit to pay Excise Duty on Supplementary Invoices

November 28, 2021 822 Views 0 comment Print

Traco Cable Company Ltd. Vs Commissioner of Respondent Central Excise (CESTAT Bangalore) The first question as to whether the supplementary invoices relate to the date of original clearance or the date on which the supplementary invoice was raised has been decided by the Supreme Court in Steel Authority of India. Accordingly, interest under Section 11AB […]

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