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Judiciary

Netting of income u/s 57 allowed as there is direct nexus between interest received and paid

April 26, 2023 1413 Views 0 comment Print

ITAT Mumbai held that there is a direct nexus between interest received on loan given to firm and interest payment on loan taken from the bank and hence netting of the net interest income allowable under section 57 of the Income Tax Act.

Breach of regulation 11(m) of CBLR unsustainable as sub-let owner failed to dealt with export consignment

April 26, 2023 426 Views 0 comment Print

CESTAT Mumbai held that there is no breach of regulation 11(m) of Customs Broker Licensing Regulations, 2013 (CBLR) as the licence is sub-let and two employees of sub-let owner failed to dealt with export consignment.

Duty demand in petroleum products should be based on net quantity after adjusting gain and loss

April 26, 2023 1152 Views 0 comment Print

CESTAT Chennai held that net quantity after adjusting the gain and loss has to be taken for demand of duty in case of petroleum products.

Nandini Ashram Trust liable for GST registration & Payment

April 26, 2023 5028 Views 0 comment Print

In re Nandini Ashram Trust (GST AAR Gujarat) Brief facts: Nandini Ashram Trust, 207, Sakar 5, B/h Natraj Cinema, Ashram Road, Ahmedabad, Gujarat 380 009 [for short -‘applicant’] is registered under GST and their GSTIN is 24AAATN8773B2ZL. 2. The applicant is engaged in providing a wide range of professional consulting services viz architecture, engineering (MEPF), […]

GST exempt on Architectural Consultancy Service to Surat Municipal Corporation for construction of SMIMER Hospital

April 26, 2023 1242 Views 0 comment Print

‘Architectural Consultancy Service’ provided by the applicant to Surat Municipal Corporation [SMC] for construction of SMIMER Hospital & College Campus is covered under entry no. 3 of notification No. 12/2017-Central (Rate) dated 28.6.2017 & thus is exempt from GST.

Interest from loan against mortgage of properties cannot be treated as rental income

April 26, 2023 942 Views 0 comment Print

ITAT Hyderabad held that interest income received towards loan extended against mortgage of properties cannot partake the character of rental income.

Receipts from prospecting for, or extraction, or production of mineral oils taxable u/s 44BB

April 26, 2023 522 Views 0 comment Print

ITAT Delhi held that scope and ambit of section 44BB of the Income tax Act is wide enough to include receipts of assessee from Cairn India and ONGC in connection with activity of prospecting for, or extraction, or production of mineral oils.

No disallowance of interest expenditure u/s. 40(a)(ia) for non furnishing form 15G / form 15H

April 26, 2023 1113 Views 0 comment Print

Ravindra Dayanand Sankeshwar Vs DCIT (ITAT Bangalore) Assessee, an individual/ proprietor claimed expenses  towards interest  on unsecured loans. 30% disallowance of interest expenditure for non-deduction of TDS was upheld by CIT(A) holding that Act requires the forms to be submitted before the competent authority during the year under consideration and not at the time scrutiny […]

RCM liability invoking section 66A not sustainable as inspection service is performed in India

April 26, 2023 555 Views 0 comment Print

CESTAT Chennai held that service receiver (appellant) not liable to pay service tax invoking provisions of section 66A of the Finance Act under reverse charge mechanism (RCM) as inspection service is performed in India.

Benefit of exemption notification 6/2002 available to the Tubular Plate Lead Acid batteries

April 26, 2023 861 Views 0 comment Print

CESTAT Kolkata held that the Tubular Plate Lead Acid batteries are an integral part of the Solar Power Generating System, are eligible for the benefit of exemption Notification 6/2002 dated 01/03/2002 as amended.

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