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Judiciary

GST & Anti-Fraud Departments cannot issue notices to lawyers of alleged tax evaders

July 19, 2023 16017 Views 0 comment Print

The Calcutta High Court has ruled that the GST and Anti-Fraud departments cannot send notices to advocates of individuals accused of tax evasion, emphasizing the privileged communication between clients and their legal advisors.

Lead Acid Batteries can’t be treated as uncharged for valuation in absence of Evidence

July 19, 2023 324 Views 0 comment Print

The case at hand pertains to the valuation of Lead Acid Batteries and the determination of whether these should be valued under Section 4 or Section 4A of the Central Excise Act, 1944. The core question revolves around the charging status of the batteries and where the charging occurs.

Penalty Proceedings cannot be Challenged before Formal Order: ITAT Delhi

July 19, 2023 705 Views 0 comment Print

Delhi ITAT dismisses appeal in Tekchand Vs ITO case, stating that penalty proceedings cannot be contested unless a formal order is issued. Read the complete analysis here.

Oxygen and Acetylene Gas Eligible for CENVAT Credit: Rajasthan High Court

July 19, 2023 591 Views 0 comment Print

The Rajasthan High Court in J.K. Cement Works Vs Commissioner Central Excise case, decides that Oxygen and Acetylene Gas, used in repairs and maintenance, can be claimed as CENVAT Credit.

CGST/MGST authorities cannot retain GST on export transactions: Bombay HC

July 19, 2023 588 Views 0 comment Print

The Bombay High Court rules that CGST and SGST paid on export transactions cannot be retained by State Authorities. Get the details and analysis of this critical ruling here.

GST: HC condoned delay & Allows Filing of Delayed statutory Appeal

July 19, 2023 2889 Views 0 comment Print

Review of a notable GST appeal case by Madras High Court, where delay in appeal filing was allowed. An important legal precedent for GST disputes.

Classification and GST Rate for Solar Home Lighting System

July 18, 2023 6258 Views 0 comment Print

Get the ruling on the classification of Solar Home Lighting System and applicable GST rate. Understand the provisions of the CGST Act and UPGST Act. Learn about HSN code 94055040 and the tax implications. Read the analysis and conclusion by R2V2 Technologies Pvt Ltd (GST AAR Uttar Pradesh).

Hostel accommodation services exempted from GST from August 2021 till July 18, 2022

July 18, 2023 16275 Views 0 comment Print

AAR ruled that hostel accommodation charging less than INR 1,000 per day from August 2021 till July 18, 2022 is exempt from GST. However, from July 19, 2022 and onward the exemption longer applies, and the applicable GST rate is 12%.

Shifting of Transmission Lines for NHAI classified under Service Head 998631, 18% GST

July 18, 2023 1605 Views 0 comment Print

Transmission Line shifting for NHAI classified under Service Head 998631, attracts 18% GST (CGST 9% + SGST 9%). GST is levied on the transaction value as per Section 15 of CGST Act, 2017.

Addition of Notional Interest on Advances to Related Parties Unsustainable due to availability of sufficient interest free funds

July 18, 2023 2271 Views 0 comment Print

ITAT Mumbai held that addition of notional interest on advances to related parties (i.e. the directors and sister concern/related parties) unsustainable as the assessee has been able to substantiate availability of sufficient interest free funds.

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