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Assessee eligible to take re-credit of credit which was not required to be reversed

July 20, 2021 735 Views 0 comment Print

Central Warehousing Corporation Vs Commissioner of Central Taxes (CESTAT Chennai) The issue is with regard to the re-credit availed by the appellants on 29.03.2014 for an amount of Rs.20,83,773/-. As explained by the learned counsel for the appellants, the said re-credit is not adjustment of the excess reversal of proportionate credit in terms of Rule […]

Assessee cannot use proceedings u/s. 154 to file appeal against order passed u/s. 143(1)

July 15, 2021 24075 Views 0 comment Print

Navodaya Education Trust Vs DCIT (ITAT Bangalore) it is submitted that the CPC, Bengaluru made the impugned adjustment in its intimation u/s 143(1), erroneously and as such the same was rectifiable as per the provisions of section 154. The CIT(Appeals) has erred in confirming the the same and rejecting the rectification application filed by the […]

AAR MP allows ‘Gurubaba Food Products’ to withdraw applcation

July 15, 2021 657 Views 0 comment Print

In light of the application for the withdrawal of the application for advance ruling the Authority hereby agrees to the withdrawal of the application for the advance ruling without going into the merit of the case and passing any ruling on the issue for which advance ruling was sought for.

Sprinklers; drip irrigation system including laterals, PVC Pipes falls under CTH No. 8424

July 15, 2021 5304 Views 0 comment Print

In re Kriti Industries (India) Limited (GST AAR Madhya Pradesh) Applicant believes that the product ‘sprinkler system, drip irrigation system including laterals, P.V.C. Pipes, other components and accessories’ is classified under HSN 8424 and applicable tax rate is 12%, details as per the Notification No.01/2017- Central Tax (Rate) dated 28.06.2017 . The entry No. 195B […]

TDS Credit allowable in Years In Which Income is Assessable to tax

July 12, 2021 8922 Views 0 comment Print

DCIT Vs Sasken Network Engineering Limited (ITAT Bangalore) In terms of section 199, Rule 37BA provides that credit for tax deducted at source and paid to the Central Government shall be given for the Assessment Year for which such income is assessable. In case the income is assessable over a number of years, credit for […]

In absence of supportings HC upheld disallowance for expense via personal credit card of director

June 30, 2021 1428 Views 0 comment Print

Swan Silk Private Limited Vs ACIT (Karnataka High Court) The Assessing Officer with regard to claim disallowance of 50% of credit card expenses has held that the assessee has not adduced any evidence that drawings made by the Directors through their personal credit card are in fact, incurred for the purpose of business of the […]

GST on Marine pressure & non-pressure tight cables supplied to Navy

June 28, 2021 1014 Views 0 comment Print

In re Apar Industries Ltd. (GST AAAR Gujarat) Marine pressure tight cables and non-pressure tight cables manufactured and supplied by the applicant to the Indian Navy are essential and integral parts of the submarine warship and hence the benefit of reduced rate of GST of 5% is available to the appellant as per Sr. No. […]

Different shapes & sizes Papad classifiable under CTH 19059040

June 28, 2021 1500 Views 0 comment Print

In re Piyush Jayantilal Dobaria (Jay Khodiyar Agency) (GST AAAR Gujarat) The product different shapes and sizes Papad involved in the present case merit classification under Tariff heading No. 19059040 of the Customs Tariff Act, 1975 and chargeable to NIL rate of Goods and Services Tax as per Sl. No. 96 of Notification No. 02/2017-CT […]

ITC not eligible on Motor Vehicle used for demonstration

June 28, 2021 4452 Views 0 comment Print

In re Platinum Motocorp LLP (GST AAAR Haryana) We find that use to which the Demo Vehicles are put to, does not fit into the uses which find mention in sub-Section 17(5). The vehicles under question are not meant for ‘further supply of such motor vehicles’, but are first put to the mentioned uses. These […]

Input Tax Credit on demo car/Vehicle not allowed: AAAR

June 28, 2021 4176 Views 0 comment Print

In re BMW India Pvt. Ltd. (GST AAAR Haryana) We find that none of the uses to which the BMW Vehicles are put to, fits into the uses which find mention in sub-Section 17(5). The vehicles under question are not meant for ‘further supply of such motor vehicles’ i.e further supply as such’, but are […]

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