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Judiciary

Commission by Jetair Pvt. Ltd. to Jet Airways (India): TP Provisiosns not apply

August 24, 2023 912 Views 0 comment Print

ITAT Mumbai held that addition towards lower commission charged by Jetair Pvt. Ltd. to Jet Airways (India) Ltd. on account of Online Reservation Commission by applying arm’s length price not sustained as the transaction was neither international transaction nor a specified domestic transaction and hence transfer pricing provisions doesn’t apply.

SC to hear Revenue’s review petitions on taxability of duty-free shops

August 24, 2023 1296 Views 0 comment Print

Supreme Court review in Commissioner of CGST v. Flemingo Travel Retail reevaluates VAT exemption on duty-free shops at airports, allowing the appeal for further consideration.

ITC not eligible on services received in the form of transfer of rights in leasehold land owned by GIDC

August 24, 2023 3618 Views 0 comment Print

In re Bayer Vapi P. Ltd. (GST AAR Gujarat) Q. Whether the applicant is entitled to take ITC of the CGST & SGST paid by them on the services received from Vapi Enterprise Ltd in the form of transfer of its rights in the leasehold land owned by GIDC in favour of the applicant which […]

GST applicable on works contract service by land owner to prospective purchasers of apartments

August 24, 2023 6387 Views 0 comment Print

Explore applicability of GST on works contract services by landowners to apartment buyers, based on ruling of Vinod Kumari Goyal (GST AAR Karnataka).

GST on amount employees portion of canteen charges & ITC on canteen facility

August 24, 2023 2601 Views 0 comment Print

In re Eimco Elecon India Limited (GST AAR Gujarat) No ITC available for canteen expenses incurred for contract workers The AAR, Gujarat, in M/s. Eimco Elecon India Ltd. [Advance Ruling No. Guj/Gaar/R/2023/28 dated August 24,2023] ruled that, assessee will not get Input Tax Credit (“ITC”) of GST on canteen facility provided to contract worker because […]

GST Implications on Gold Coins & White Goods Incentives

August 24, 2023 4608 Views 0 comment Print

Explore GST implications for Orient Cement Limited concerning gold coins and white goods issued to dealers upon achieving certain targets under CGST Act, 2017.

PCIT cannot direct AO to initiate penalty proceedings u/s 271(1)(c)

August 24, 2023 4065 Views 0 comment Print

ITAT Hyderabad held that law doesn’t permit delegation of authority by PCIT to Assessing Officer (AO) for the purpose of imposition of penalty. Accordingly, direction issued by PCIT to AO to initiate penalty proceedings u/s 271(1)(c) of the Income Tax Act is unlawful.

Demand of extended period set aside due to confusion regarding scope of tour operator service

August 24, 2023 555 Views 0 comment Print

CESTAT Delhi held that definition of tour operator has been amended from time to time since it was brought into the service tax net. Accordingly, on account of confusion with regard to scope of tour operator service, demand of only normal time period sustained and demand of extended time period set aside.

Depreciation eligible on Solar Power Plant as electricity utilized for factory operations

August 24, 2023 15687 Views 0 comment Print

ITAT Delhi held that depreciation on Solar Power Plant installed on office building which is part of factory and electricity so generated is used for factory only is allowable as per provision of law.

Reassessment after four years unsustainable as failure of assessee to disclose full material facts not proved

August 24, 2023 720 Views 0 comment Print

ITAT Mumbai held that reopening of assessment under section 147 of the Income Tax Act after four years without bringing on record that escapement of income was occurred by reason of omission or failure on the part of the assessee to disclose fully or truly all the material facts is bad-in-law and liable to be quashed.

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