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Department of Posts – Roll-Out plan for RICT CBS version 1.4.3.0

August 24, 2021 4341 Views 0 comment Print

SB Order No. 25/2021 No.FS-10/47-2021-FS-DOP Govt. of India Ministry of Communications Department of Posts (F S Division) Dak Bhawan, New Delhi-110001 Dated: 24.08.2021 To, All Head of Circles/Regions Subject: – Regarding roll out of RICT CBS version 1.4.3.0 in RICT CBS devices from 25.08.2021. Sir/Madam, New RICT CBS version 1.4.3.0 for RICT devices have been […]

Classification of Gypsum Board made-up of Gypsum, glass fibre & additives

August 24, 2021 2901 Views 0 comment Print

In re USG Boral Building Products (India) Private Limited (GST AAR Rajasthan) We find that the applicant has submitted the technical specification with respect to contents of the impugned product. The applicant submitted that the proposed new variant of Gypsum Board is made-up of Gypsum, glass fibre and additives, the main raw material is Gypsum […]

Deemed dividend not attracted on Loan Taken on interest

August 18, 2021 3543 Views 0 comment Print

DCIT Vs Heilgers Development & Construction Company Pvt. Ltd (ITAT Kolkata) The loan amounts in question treated as deemed dividend u/s 2(22)(e) by the AO were taken by the assessee-company from the three concerns on interest and since the said lending companies were compensated by interest paid by the assessee-company on the loans, the assessee-company […]

Advance ruling obtained with misrepresentation of facts is void ab-initio

August 18, 2021 1656 Views 0 comment Print

In re J K Papad Industries (GST AAAR Gujarat) Appellant has obtained the Advance Ruling by submitting application of advance ruling with suppression of material facts or misrepresentation of facts, and the application was not eligible to be admitted in view of proviso to sub-section (2) of section 98 of the CGST Act, 2017. Therefore, […]

Others cannot make AAR application for Joint Venture Company

August 17, 2021 1353 Views 0 comment Print

In re Mukesh & Associates (GST AAR Tamilnadu) From the submissions made by the applicant we find that it is the Joint Venture with the Registered seat of the Association at Cologne, Germany is the ‘Person’ to whom the ‘Project’ is awarded and not the applicant. As per existing laws of the land, a Joint […]

GST leviable on residential land provided on lease basis

August 6, 2021 2178 Views 0 comment Print

In re Gwalior Development Authority (GST AAR Madhya Pradesh) Q1. We are providing residential land on lease basis for which we are charging or receiving lease premium whether GST is leviable or not? It is well accepted that in the case of ambiguity in a provision of law, the interpretation shall be liberal. However, in […]

CENVAT Credit cannot be denied on the ground that supplier was not liable to pay duty on goods supplied

August 3, 2021 2238 Views 0 comment Print

GEMSCAB Industries Ltd. Vs Commissioner Central Goods (CESTAT Delhi) In view of the observed admission and settled law, the question of adjudication is answered in negative holding that CENVAT Credit cannot be denied on the ground that the supplier was not liable to pay the duty on the goods supplied. Also it is observed that […]

No service tax on forfeiture of earnest money deposit & liquidated damages

July 26, 2021 2892 Views 0 comment Print

Read about CESTAT Chennai ruling exempting service tax on forfeiture of earnest money deposit and liquidated damages. Understand legal implications and clarifications under Section 66E(e) of Finance Act.

No Service Tax on Interest earned on gold loans

July 22, 2021 2124 Views 0 comment Print

Indian Overseas Bank Vs Commissioner of GST & Central Excise (CESTAT Chennai) Interest earned on gold loans is taxable and does not fall within negative list as Section 66D(n) of the Act excludes interest earned only on monetary Loans and advances, but not to lending of Gold. Revenue is of the opinion that only if […]

Advance ruling obtained by suppression of facts is void ab-initio

July 20, 2021 1179 Views 0 comment Print

In re J K Food Industries (GST AAAR Gujarat) The appellant has submitted before us that the legality and propriety of the advance ruling issued by the GAAR is required to be examined in terms of section 98(2) of the CGST Act, 2017 and decision to be taken whether the said order is correct in […]

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