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Judiciary

Demand under rule 6(3)(i) of CCR, 2004 unsustainable as duty already paid on clearance value

February 21, 2023 612 Views 0 comment Print

CESTAT Ahmedabad held that duty was paid on the clearance value on which demand was raised. Accordingly as duty was paid demand under rule 6(3)(i) of Cenvat Credit Rules 2004 unsustainable.

GST on supply of ready to eat and ready to cook food products

February 21, 2023 14487 Views 0 comment Print

In re SATS Food Solutions India Private Limited (GST AAR Karnataka) The applicant is engaged in the business of manufacture/production and supply of frozen food in institutional packs to companies in Aviation Industries, quick service restaurants, Hotels etc., across Ready To Eat (RTE)/ Ready To Cook (RTC)/ Processed and Semi Processed categories. The applicant has sought […]

Roof Mounted Air-Conditioning unit classifiable under HSN 8415: AAAR Punjab

February 21, 2023 1401 Views 0 comment Print

In re Ess Ess Kay Engineering Company Pvt (GST AAAR Punjab) Appellate Authority uphold the order AAR/GST/PB/016 dated 16th of August, 2022 issued by the Authority for Advance Ruling, Punjab and the appeal filed by the appellant M/s ESS ESS KAY ENGINEERING COMPANY PVT LTD. The appellant has conveniently overlooked the basic nature of the […]

Mere change of opinion cannot be a ground for reopening of assessment

February 21, 2023 1374 Views 0 comment Print

Revenue Department had neither sought any new information nor made a reference to new material on record. Held that, a change in opinion that does not satisfy the jurisdictional foundation under Section 147 of the IT Act.

Unexplained cash expense addition unsustainable as cash book and cash receipts not doubted

February 20, 2023 960 Views 0 comment Print

ITAT Ahmedabad held that addition towards unexplained cash unsustainable as cash expenses duly incorporated in books of accounts and cash book as well as cash receipts not doubted by the authority.

Recorded reasons for reopening can neither be improved nor substituted by an affidavit

February 20, 2023 762 Views 0 comment Print

Bombay High Court held that issue of reopening of assessment has to be tested only on the basis of the reasons recorded, which reasons can neither be improved upon nor substituted by an affidavit or oral submissions.

GST AAR Ruling: HSN Classification & Tax Rate for Fortified Rice Kernels (FRK)

February 20, 2023 3876 Views 0 comment Print

Read the analysis and conclusion of the GST Advance Ruling (AAR) on the HSN classification and applicable tax rate for Fortified Rice Kernels (FRK) supplied by Brindavan Agrotech Private Limited.

MoHUA liable to pay GST on sale of commercial built-up space: AAAR

February 20, 2023 1185 Views 0 comment Print

In re NBCC (India) Limited (GST AAAR Delhi) Whether or not MoHUA, Government of India, is liable to pay GST on the sale of commercial built-up space? The appellant has contested that the construction activities and sale thereof are exempted from tax under Notification No. 12/2017- Central Tax (Rate) being in relation to a function […]

Refund u/s 42(1) of DVAT Act cannot automatically be allowed for failure of OHA to pass an order

February 19, 2023 1362 Views 0 comment Print

Delhi High Court held that failure on the part of Objection Hearing Authority (OHA) to pass an order doesn’t automatically result in allowing refund u/s. 42(1) of the Delhi Value Added Tax Act, 2004.

Air transport services to public at large on payment of published tariff not includible in non-scheduled (passenger) services

February 19, 2023 1932 Views 0 comment Print

Delhi High Court held that non-scheduled (passenger services) as defined under clause (b) of explanation to Condition no. 104 of notification no. 21/2022-CUS as amended by notification no. 61/2007-CUS doesn-t include providing air transport services to public at large on payment of published tariff.

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