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Judiciary

GST on wooden ice cream sticks and wooden ice cream spoons

April 13, 2023 1497 Views 0 comment Print

AAR held that wooden ice cream sticks and wooden ice cream spoons merit classification under HSN code 44199090 and 12% GST payable

GPA holder liable to Pay GST on Renting of Immovable commercial Property

April 13, 2023 1602 Views 0 comment Print

GPA holder is supplier of service and is liable to be registered under GST & required to pay GST on Renting of Immovable commercial Property

Bio-Phosphate merits classification under HSN code 31039000

April 13, 2023 693 Views 0 comment Print

Bio-Phosphate merits classification under HSN code 3103 90 00 and exigible to GST @ 5%, as per Sl. No. 182B of Schedule I to Notification No. 1/2017-Central Tax (Rate) dated 28.06.2017

Supply of goods and services through separate agreements will not be considered as composite supply

April 13, 2023 3924 Views 0 comment Print

In re PES Engineers Pvt Ltd (GST AAR Telangana) In a recent ruling by AAR Telangana in the case of M/s. PES Engineers Pvt. Ltd. [TSAAR Order No. 09/2023 dated April 13, 2023], held that when parties enter into separate agreements for goods and works contract services, they are treated as distinct supplies and not […]

Transfer of Unutilized Balance in E-Credit Ledger is out of AAR scope

April 13, 2023 1440 Views 0 comment Print

AR Chhattisgarh Ruling regarding transfer of unutilized balance in the E-credit ledger on merger of distinct persons under Section 25(4) of CGST Act, 2017 addresses admissibility of transfer and provides analysis and conclusion.

Fees of technical knowhow not includible in assessable value of imported goods

April 13, 2023 945 Views 0 comment Print

CESTAT Chennai held that as transfer of technical knowhow not a condition for sale of capital goods, hence, technical knowhow fee not to be included in the assessable value of imported goods.

Extended period not involcable in absence of suppression, misrepresentation or fraud

April 13, 2023 1332 Views 0 comment Print

Bombay High Court held that extended period of limitation not invocable as there was no suppression, misrepresentation or fraud committed by the assessee.

Revision jurisdiction u/s 263 on mere conjectures, suspicions & surmises not permissible

April 13, 2023 843 Views 0 comment Print

ITAT Mumbai held that plausible view of AO cannot be held as erroneous by ld. CIT(E) without conducting necessary enquiries or verification. Accordingly, initiated of revision jurisdiction u/s 263 on mere conjectures, suspicions and surmises, which is not permitted.

Writ not entertained as efficacious alternative remedy of filing appeal u/s 25 of PMLA Act available

April 13, 2023 1812 Views 0 comment Print

Soumyendra Nath Banerjee Vs Union of India (Calcutta High Court) Calcutta High Court didn’t entertained the writ petition under Article 226 of the Constitution of India as efficacious alternative remedy of appeal before the Appellate Authority under section 25 of PMLA Act, 2002 available. Facts- The petitioner is aggrieved by an order of provisional attachment […]

General principles of strict interpretation of exemption notification not apply to SEZ units

April 13, 2023 765 Views 0 comment Print

Lupin Limited Vs Commissioner of Central Goods & Service Tax & Central Excise (CESTAT Delhi) CESTAT Delhi held that general principles of interpretation of the exemption notification that it has to be construed strictly shall not really apply to the SEZ units which are otherwise exempted from the liability of the various duties under the […]

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