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Judiciary

Late fee for delay in filing Bill of Entry not imposable if importer takes all efforts to clear goods within reasonable time

September 30, 2019 12756 Views 0 comment Print

CESTAT Chennai has held that late fee imposed on the appellant for delay in filing of Bill of Entry was not proper, since the delay had occurred only because the original importer had failed to clear the goods.

Interest on Enhanced Compensation u/s 28 of Land Acquisition Act, 1894 is Exempt u/s 10(37)

September 30, 2019 10818 Views 0 comment Print

whether interest received u/s 28 of the Land Acquisition Act, 1894 on compulsory acquisition of agricultural land in the nature of compensation is exempt u/s 10(37) or chargeable to tax under head ‘Income from Other Sources’?

Assessment in name of non-existent company was invalid & non-curable defect

September 30, 2019 4497 Views 0 comment Print

Since AO had completed the assessment in the name of a company which had merged and was not in existence on the date the assessment order was passed, therefore, the assessment was invalid and the same was not a curable defect under section 292B.

Interest on FD taxable on accrual basis if Assessee follows mercantile system of Accounting

September 30, 2019 17199 Views 0 comment Print

Addition made by AO on the ground that although assessee had claimed credit for TDS on the interest income from the bank corresponding interest income was not offered to tax by assessee during the year was justified as assessee was regularly following mercantile system of accounting interest income in question was liable to be taxed in assessment year in question itself.

NCLAT allows extension of Time to Complete Insolvency resolution process

September 30, 2019 2139 Views 0 comment Print

M/s. Alpha Corp Development Pvt. Ltd. Vs M/s. Earth Infrastructure Ltd. (NCALT) In terms of third proviso of sub-section (3) of Section 12, as we find that the ‘Corporate Insolvency Resolution Process’ of the ‘Corporate Debtor’ is pending and has not been completed within the period referred to in the second proviso, we hold that […]

GST payable on development of land into residential layout and sale as per JDA

September 30, 2019 19350 Views 4 comments Print

In re Maarq Spaces Private Limited (GST AAR Karnataka) 1. Whether the activity of development and sale of land attract tax under GST?  In the instant case what the applicant receives as their remuneration for the provision of the services of development of the land and their subsequent activities related to the sale of the […]

GST on machines given to customers under RRC/PRC models

September 30, 2019 4620 Views 0 comment Print

Whether the applicant is liable to pay GST on the machines given to the customers under RRC/PRC models? The applicant is liable to pay GST on the machines / equipments given to the customers under the PRC Model but is not liable to pay GST on the machines / equipments given to the Customers under the RRC model.

AAR cannot decide application if same issue in the case of applicant already decided by other AAR

September 30, 2019 1629 Views 1 comment Print

In the instant case the applicant had already filed an application, on 27.11.2017, for advance ruling before the Gujarat Authority for Advance Ruling in respect of the same question i.e. classification of the product ‘Fanta Fruity Orange’ that has also been raised in the instant application.

GST on activity of collecting exam fee on behalf of any university or institution without any value addition

September 30, 2019 6105 Views 1 comment Print

In re M/s Arivu Educational Consultants Pvt. Ltd. (GST AAR Karnataka) Does the activity of collecting exam fee (charged by any university or institution) from the students and remitting to that particular university or Institution without any value addition to it, amount to taxable service? The activity of collecting exam fee (charged by any university […]

Packaged food products are goods hence not classifiable HSN Code of Services

September 30, 2019 7125 Views 0 comment Print

In re Mountain Trail Foods Private Limited (GST AAR Karnataka) a) Applicability of rate of GST on the packed food products The sale of packed items like packaged food products which cannot be consumed as is basis and that needs further cooking operations and other packaged food products which are not processed by the applicant […]

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