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Judiciary

Order passed in variation of procedures prescribed u/s 144B is non-est and bad-in-law

March 20, 2023 7815 Views 0 comment Print

ITAT Mumbai held that the assessment order passed in variation of the procedures prescribed u/s. 144B of the Income Tax Act would render the assessment order as non est.

Helicopter Shuttle Services classification -AAR rejects application of UCADA

March 20, 2023 906 Views 0 comment Print

In re Uttarakhand Civil Aviation Development Authority (GST AAR Uttarakhand) What will be the classification of services provided by the Heli-Operators by way of transport of passengers by air in case of Helicopter Shuttle Services and What will be the GST rate applicable on the services mentioned in the first question in terms of the notification […]

GST on supply of domestically procured goods to customers outside India

March 20, 2023 2922 Views 0 comment Print

In re Marubeni India Pvt. Ltd. (GST AAR Karnataka) Whether the supply of goods from the Applicant to the overseas customer is taxable under GST as a zero rated supply or not? The applicant stated that they are a Private Limited Company registered under the provisions of CGST/KGST Act 2017; they are engaged in trading […]

‘Marked to market loss’ not being notional loss is allowable expenditure

March 20, 2023 2481 Views 0 comment Print

ITAT Mumbai held that that the ‘marked to market loss’ is not a notional loss and is, therefore, allowable expenditure.

GST on supply of aircraft type rating training services to commercial pilots

March 20, 2023 2421 Views 0 comment Print

GST on supply of aircraft type rating training services to commercial pilots in accordance with training curriculum approved by Directorate General of Civil Aviation for obtaining extension of aircraft type ratings on their existing licenses

GST on transfer/sale of one of independent running business divisions

March 20, 2023 3195 Views 0 comment Print

Transaction of transfer/sale of one of independent running business divisions of Applicant, namely, business of providing/supplying of engineering services primarily relating to semi-conductor services as a whole, along with all the assets and liabilities of the independent business division on a going concern basis,

Order not containing DIN shall be treated as invalid

March 20, 2023 1446 Views 0 comment Print

ITAT Pune held that default in allotting ‘DIN and Order’ results into quashing of the impugned assessment as according to CBDT circular no. 19/2019 dated 14.08.2019 such an order ought to be treated as to have never been issued herein.

GST under RCM when raw cotton is supplied by a farmer via a Kacha Arhtiya

March 20, 2023 9546 Views 0 comment Print

GST AAAR Punjab has delivered a landmark ruling on Bansal Industries, examining the applicability and interpretation of the Notification no. 43/2017-Central Tax (Rate). This judgement sheds light on the contentious issue of who bears the responsibility of tax payment under the Reverse Charge Mechanism (RCM) when raw cotton is supplied by a farmer via a Kacha Arhtiya.

Appellate authority can remand back the appeal to AAR: AAAR

March 20, 2023 1836 Views 0 comment Print

In re Punjab State Corporation Power Limited (GST AAAR Punjab) The appeal raised a question of the admissibility of Input Tax Credit (ITC), indicating a possible misinterpretation of clauses under subsection (2) of Section 97 of the CGST Act, 2017. The contention lies in whether the application was evaluated under the correct clause, considering the […]

Sale of copyrighted article cannot be treated as royalty under Article 12(3) of India-USA DTAA

March 20, 2023 1551 Views 0 comment Print

ITAT Delhi held that amount received from sale of software (i.e. copyrighted article) cannot be treated as royalty under Article 12(3) of India-USA DTAA.

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