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Judiciary

Order framed in name of non-existing entity is liable to be quashed

July 6, 2023 768 Views 0 comment Print

ITAT Delhi held that assessment order framed in the name of a non-existing entity is non-est and liable to be quashed. Accordingly, initiation of proceedings u/s 263 based on such assessment order is liable to be set aside.

Transfer of land from subsidiary to holding is not covered u/s 45 hence claim of LTCG not allowable

July 6, 2023 702 Views 0 comment Print

ITAT Delhi held that in view of provision of 47(v) of the Act the transaction of transfer of land from subsidiary to holding company is not covered u/s. 45 of the Act. Accordingly, when the transaction does not falls within ambit of section 45, then any claim of long term capital loss/profit cannot be allowed.

No condition under CCR Rule 5 of mandatory Registration for Refund of Accumulated Credit

July 6, 2023 429 Views 0 comment Print

Whether it be registration or centralized registration, when there was no mandatory provision in the Rules regarding registration, the Cenvat Credit could not be denied, the three authorities committed a serious error in rejecting the claim for refund on the ground which was not existence in law.

AAR West Bengal Rejects Application on GST Registration Requirement in Assam

July 6, 2023 753 Views 0 comment Print

GST AAR West Bengal rejects Vishnu Engineering Corporation’s plea on Assam registration, citing jurisdiction limits, underlining the importance of state-specific GST queries.

GST Exempt: Composite Supply of Atta to State Govt if Goods Value < 25%

July 6, 2023 1278 Views 0 comment Print

Learn about the value of services for wheat-to-atta conversion provided by the applicant, distributed by the State Government. Discover the applicable tax rate and exemption eligibility under GST rules.

AAR cannot give ruling on question already decided by jurisdictional authority

July 6, 2023 876 Views 0 comment Print

AAR held that Since the question raised had already been decided by the jurisdictional authority in a prior proceeding, the ruling authority concluded that no ruling can be passed in this case, citing the provision in Section 98(2) of the GST Act.

GST Exemption for Composite Supply of Milling Wheat into Flour: Analysis & Conclusion

July 6, 2023 2298 Views 0 comment Print

Explore the analysis of the GST implications on the composite supply of milling wheat into flour for public distribution. This article examines whether this supply qualifies for exemption under GST regulations based on factors such as composite supply classification, functions entrusted to Panchayats or Municipalities, and the value of goods in the supply. Read on for a detailed analysis and conclusion.

Impact of GST Registration on Multiple Business Types: A Case Study of Aesthetik Engineers Pvt. Ltd.

July 6, 2023 1143 Views 0 comment Print

An insightful look into legal implications of GST registration for businesses with multiple operations. Understand complexities of GST as presented in the case of Aesthetik Engineers Private Limited.

No GST to be charged from State government being not a recipient under GST

July 6, 2023 1545 Views 0 comment Print

Comprehensive discussion on ruling of GST AAR West Bengal on applicability of GST on Fair Price Shop dealer’s commission, transport, and stationary charges, etc., in case of Chanchal Saha.

Denial of ITC on construction of warehouse capitalised in books of accounts

July 6, 2023 3459 Views 0 comment Print

AAR, West Bengal, in case of Mindrill Systems and Solutions Pvt. Ltd. ruled that, Input Tax Credit (ITC) cannot be claimed on construction of immovable property which is capitalised in books of account.

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