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Judiciary

Penalty Order not get vitiated for mere acceptance of appeal by HC in Quantum Proceedings

April 11, 2018 1200 Views 0 comment Print

It cannot be a universal rule that once an appeal from the order of the Tribunal has been admitted in the quantum proceedings by High Court, then, ipso facto the issue is a debatable issue warranting deletion of penalty by the Tribunal.

Reopening after 4 years with approval of DIT instead of JCIT is invalid

April 11, 2018 1962 Views 0 comment Print

Reopening of assessment of A.Y. 2005-06 after expiry of four years without obtaining approval of an officer of the rank of Joint Commissioner was bad in law and even if such approval had been granted, by the officer superior i.e., the DIT, it would not cure the defect.

Section 10AA deduction allowed in previous year can’t be denied in current year

April 11, 2018 5745 Views 0 comment Print

The aforesaid appeal has been filed by the assessee against final assessment order dated 27.9.2017 passed u/s 143(3) read with section 144C(5) in pursuance of directions given by the Dispute Resolution Panel (DRP) vide order dated 7.9.2017.

No GST on Packed Meat not qualifying as product put up in ‘Unit Container’

April 11, 2018 7278 Views 0 comment Print

Meat of Sheep or goat or poultry, frozen and packed in LDPE/HDPE bags having varied weight and quantity printed/labelled on such pickings, whether could be held to be packed in unit containers?

AAR cannot decide on Questions of Zero rated supply / GST Refund

April 11, 2018 2091 Views 0 comment Print

In re Esprit India Private Limited (GST AAR Haryana) i. Taxability of services provided by Esprit India to its associate concern in Hong Kong EDCFE under GST regime. The services provided by Esprit India to its associate concern in Hong Kong EDCFE are taxable supplies, as discussed in para 6 above ii. Whether the services […]

Forfeited Issuance fee of Reward points is fee for supply of Services: AAR

April 11, 2018 3843 Views 0 comment Print

In case the customer does not or is not able to redeem the rewards points, within their validity period of 36 months from the date of issue, the reward points are forfeited by the applicant. Whether this amount of issuance fee retained/forfeited by LSRPL, would amount to consideration for actionable claims and subject to GST.

Rajasthan HC explains Rule 18 (Input Tax Credit) of Rajasthan VAT

April 11, 2018 14694 Views 0 comment Print

R.S. Infra-Transmission Ltd Vs State of Rajasthan (Rajasthan High Court) The contention of Mr. R.B. Mathur is that Rule 18 will take care of the situation. However, while considering the matter, we have to look into the matter whether the benefit envisaged under the Rajasthan VAT Act especially under sub-Section (1) shall be allowed only […]

Purchase cannot become non-genuine for mere payment after 9 months

April 10, 2018 2151 Views 0 comment Print

For the only reason that the payment of purchase has been made after a lapse of 9 months cannot render the purchase as non genuine unless and otherwise any material is brought on record which could negate this

Food Preparations made in kitchen of Restaurant are Excisable Goods

April 10, 2018 3585 Views 0 comment Print

The appellant is aggrieved by the order dated 16/08/2017 of Commissioner (Appeals), Central Excise, New Delhi. The appellant is managing hotels and restaurants. They were providing rooms for rent and also various food items, cakes, pastries, cookies, confectionary to the customers in their restaurants.

Reassessment merely on DIT (Investigation) information is bad under law

April 10, 2018 4761 Views 0 comment Print

Reasons recorded by AO to reopen assessment merely on basis of information from DIT(Inv.) without independently applying his own mind could not be said to be reason to believe that income had escaped assessment hence, reopening was bad in law.

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