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Judiciary

Reassessment-Section 143(2) notice issued without confronting assessee with remand report is invalid

February 25, 2020 1794 Views 0 comment Print

It was an admitted fact that assessee filed reply in response to notice under section 148 on 26-11-2013 and AO on the very same day served notice under section 143(2) upon assessee, whose signatures tally on the said notice without confronting the assessee with the remand report and the evidence produced by the AO before the Ld. CIT(A). Therefore, notice issued under section 143(2) was invalid and resultantly, the reassessment proceedings were vitiated and the same were quashed.

HC grants Bail to Practicing Advocate allegedly involved in Fake GST Invoice Scam

February 25, 2020 2304 Views 0 comment Print

It appears that petitioner Satnarain had rendered his professional services and assistance for the purpose of incorporation of the firms. At this stage, it cannot be said that he had joined hands with Rajesh Mittal or was beneficiary of any amount other than his professinal fee.

No Service Tax on Rent from bullock Carts with Tyres & without bullocks or driver used in Sugarcane Transportation

February 25, 2020 2466 Views 0 comment Print

The issue involved is whether the appellants are liable to pay Service Tax on the rent received by them for allowing the harvesting contractors to use the Appellant’s bullock carts with tyres without any bullocks or driver for transporting the sugarcane to the sugar factories?

Self-adhesive HAUV Polyester Film with U.V. Printing classifiable under Chapter 3919

February 25, 2020 2736 Views 0 comment Print

In re Security Printing And Minting Corporation of India Limited (GST AAR Maharashtra) The issue before us is with respect to classification of Heat Activated Ultra-Violet (HAUV) Polyester Film with Adhesive Coating and U.V. Printing”, a product imported by the applicant and further sold by them. Applicant wants to ascertain the correct classification of said […]

NCLAT : Defaulting company liable to repay FDR amount alongwith interest to its deposit holders

February 25, 2020 4116 Views 1 comment Print

Following the principle of justice and equity, the defaulting company “Unitech” was liable to repay the amount to its deposit holders principal along with the future interest @12.5% per annum from the date of maturity of the respective FDR till receipt thereof alongwith Rs.50000/- each to assessees towards cost of litigation, costs etc

AAR cannot decide on question which is already pending before department

February 25, 2020 969 Views 0 comment Print

In re Lear India Engineering LLP (GST AAR Maharashtra) Whether the design & Development services provided by Lear India to Lear entities situated aboard would fall under the category of OIDAR. services. In view of the provision to Section 98(2) of the CGST Act, 2017, we find that this authority cannot admit the application in […]

Export or intra-state supply of services- AAR cannot decide

February 25, 2020 1188 Views 0 comment Print

The questions posed by the applicant involve determination of place of supply of the services provided, as the applicant considering himself as intermediary, has asked for a ruling on whether the services qualify to be an export or an intra-state supply of the services.

AAR Tamilnadu allows Real estate developer to withdraw Application

February 25, 2020 1047 Views 0 comment Print

It is stated that the present application was filed in respect of a transaction proposed to be undertaken by the applicant in the state of TamilNadu however on account of unfavourable market conditions and other commercial factors, the applicant has not been in the position to proceed their business activity of identifying land for constructing apartments.

Britannia Winkin’ Cow Thick Shake’ classifiable under CTH 22029930

February 25, 2020 4686 Views 0 comment Print

UHT Sterilized Flavoured Milk marketed under the brand name ‘Britannia Winkin’ Cow Thick Shake’ by the applicant is not classifiable under the Tariff heading ‘0402 /0404 but classifiable under CTH 22029930.

GST on import of drill bits for supply to ONGC at its location in India on consumption basis

February 25, 2020 2196 Views 0 comment Print

In re Halliburton Offshore Services Inc. (Drill Bits) (GST AAR Andhra Pradesh) In view of the submission made by the applicant we find that the basic issue before us is whether the import of drill bits for supply to ONGC at its location in India on consumption basis involves two supplies namely, Import into India […]

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