The order was remanded after ITAT found the CIT(A) overlooked core issues including validity of belated 148 return, applicability of 153C, and cross-examination rights.
In a landmark ruling, the SC clarified that an assessee in default cannot be made to pay tax already discharged by the recipient, reaffirming Circular No. 275/201/95-IT(B).
ITAT Kolkata quashed a reassessment order, holding that NFAC had no jurisdiction before the formal notification of Section 151A. The ₹2.14 crore addition was deleted, highlighting that faceless assessments cannot be retroactively enforced.
After examining the step-wise rework operations, the Tribunal found no specialized skill or scientific process involved. It upheld the deletion of the ₹4.81-crore disallowance since the payments did not attract TDS under FTS provisions.
The Gujarat AAR clarified that Metalized Yarn and Metallic Yarn are classified under HSN 56050020 as imitation zari. Supplies from metallized polyester/plastic films attract a 5% GST rate, effective from 27.07.2023. Refunds on input materials like polyester film are not permitted.
The ruling clarifies that imitation zari made from metallised polyester or plastic film falls under HSN 56050020 and is taxable at 5%. It confirms eligibility under Entry 218AA and Entry 353 across different notification periods.
The Gujarat Authority for Advance Ruling ruled that questions on receiving non-voting, irredeemable preference shares as export consideration are outside Section 97(2) of the CGST Act, leaving GST liability unresolved.
The advance ruling authority held that questions on e-way bill requirements fall outside Section 97(2) of the CGST Act and therefore cannot be answered, leaving both queries unresolved.
The ruling allows GTAs paying GST under forward charge to claim ITC on bio-diesel, subject to compliance with CGST Act provisions and notification requirements. Fuel used in goods transport vehicles is not blocked under Section 17(5).
The ruling clarifies that moving empty containers by rail falls under the general rail transport category and is taxable at 5%. The key takeaway is that empty containers are treated as goods, not containerized cargo.
