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Home e-Newsletters Index Year 2022 October Day 11 - Tuesday

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TMI Tax Updates - e-Newsletter
October 11, 2022

Case Laws in this Newsletter:

GST Income Tax Customs Insolvency & Bankruptcy Service Tax Central Excise



Highlights / Catch Notes

  • GST:

    Anti-Profiteering provisions - Constitutional Validity of Section 171 of the CGST Act, Chapter XV of the CGST Rules - This Court is also of the prima facie view that the post-sale discount has not been granted on account of GST rate reduction and therefore, does not qualify as commensurate reduction in prices as required under Section 171 of the Act. - Petitioner directed to pre-deposit the amount - HC

  • GST:

    Levy of GST - supply or not - charitable activities or not - reimbursement amount received by the Appellant from the Department of Women and Child Development, Government of Maharashtra under the subject “One stop Crises Centre Scheme” - the activities of the Appellant would aptly be construed as services - The said activities undertaken by the Appellant are clearly for the welfare of these destitute women, and thereby, serving the mankind in general. - Cannot be construed as supply in terms of section 7(1 )(a) of the CGST Act - AAAR

  • GST:

    Classification of goods - Paratha - The Parathas supplied by the appellant are different from Plain Chapatti or Roti and cannot be treated as or covered under the Category of Plain Chapatti or Roti and appropriate classification of Parathas would be under Chapter heading 2106. - AAAR

  • GST:

    Classification of goods - rate of GST - Combined Wire Rope used as a part of Fishing Vessel - Combined Wire Rope is not the essential/integral part of fishing vessel but it is must for the fishing net - Thus, the applicant goods Combined wire Rope is not a Part of the fishing Vessel. - AAR

  • GST:

    Classification of goods - rate of GST - HTP (Horizontal Triplex Plunger) kirloskar Power Sprayer (Engine Driven) - The applicant goods are Mechanical Appliances which is used in dispersing and spraying the liquids in various fields as per the requirements - It can therefore be concluded that the product ‘HTP kirloskar Power Sprayer’ merit classification under HSN 8424 89 90 and attract GST tax rate 18% - AAR

  • GST:

    Supply or not - canteen and transport facilities provided to employees - amount deducted from the salaries of its employees - The Provision of Services of transports and canteen facility to its employees is as per the contractual agreement between the employee and the employer in relation to the employment. The provision of the services of transportation and canteen facility cannot be considered as supply of goods or services and hence cannot be subjected to GST. - AAR

  • GST:

    Input Tax Credit - blocked credit - solar power panels procured and installed - electrical energy generated by Solar Panel installed by the applicant is exempted goods supplied to tenants and consequently input tax paid on the Solar Panels are ineligible as credit of input tax on Capital Goods used exclusively for supply of exempted supply are not eligible under Section 17(2) read with Rule 43(a) - AAR

  • Income Tax:

    Accrual of interest income - FDRs made in the name of the respondent-assessee by virtue of a consensual order passed by the Arbitral Tribunal - till the final award was passed by the Arbitral Tribunal determining the ownership of the fixed deposits and interest, it could not be said that the interest income had crystallized in the respondent’s hands - HC

  • Income Tax:

    Reopening of assessment u/s 147 - unexplained cash deposits - Incidentally, a vague statement is made that the cash deposits were in the course of usual business transaction. In the absence of any return of income filed by the petitioner, such a statement cannot be countenanced or accepted. - HC

  • Income Tax:

    Validity of reopening of assessment - This Court is of the view that if the allegations in the order passed under Section 148A(d) of the Act are correct, then the Petitioner’s defence that the transaction had already been subjected to tax is not correct inasmuch as the sale would be treated as unexplained cash credit under Section 68 of the Act and the full value would be liable to tax. - HC

  • Income Tax:

    Addition of interest income - assessee is a resident welfare association (RWA) having status of association of persons (AOP) under the Income-Tax Act - as rightly contended by the learned AR Section 40 (ba) is applicable while computing business income. This clause is not applicable while computing income from other sources. There is no prohibition in Section 57 (iii) under which deduction of interest is eligible to the assessee society.- AT

  • Customs:

    Benefit of nil rate of Basic Customs Duty (BCD) - Free Trade agreement - country of origin - The impugned Notification is a kind of preferential trade arrangement between States of Association of Southeast Asian Nations (ASEAN) and the Republic of India in order to facilitate free movement of trade. If the exemption sought under the applicable rules is denied on one or the other pretext that too based merely on assumptions and presumptions, it will hamper the free movement of trade between agreeing nations. - AT

  • Customs:

    Refund of late fees charges - bills of entry presented, but due to Indian Customs EDI system error it could not be uploaded - whether there was delay in filing bill of entry or not - the revenue has not disputed the waiver of the late fee ordered by the Joint Commissioner. In these circumstances I do not find any error in sanctioning refund by the Assistant Commissioner. - AT

  • Service Tax:

    CENVAT Credit - input services - Hotel Accommodation Service - For rendering such service at the site, the staff of the appellant need to be necessary accommodated at hotels situated nearby. Thus, without such accommodation or any alternate accommodation provided to the staff, the taxable output service cannot be rendered - the Hotel accommodation service received by the appellant is an eligible input service under Rule 2(l) of CCR. - AT

  • Central Excise:

    CENVAT Credit - Clean Energy Cess - the intent of legislation is very clear not to allow the cenvat credit of Clean Energy Cess. This is evident as the Central Government is providing for maintaining separate accounts of Clean Energy Cess, to be utilized for specific purposes upon sanction by the Parliament. - AT


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2022 (10) TMI 313
  • 2022 (10) TMI 312
  • 2022 (10) TMI 311
  • 2022 (10) TMI 307
  • 2022 (10) TMI 306
  • 2022 (10) TMI 305
  • 2022 (10) TMI 304
  • 2022 (10) TMI 310
  • 2022 (10) TMI 309
  • 2022 (10) TMI 308
  • 2022 (10) TMI 303
  • 2022 (10) TMI 302
  • Income Tax

  • 2022 (10) TMI 295
  • 2022 (10) TMI 301
  • 2022 (10) TMI 300
  • 2022 (10) TMI 294
  • 2022 (10) TMI 315
  • 2022 (10) TMI 293
  • 2022 (10) TMI 299
  • 2022 (10) TMI 298
  • 2022 (10) TMI 297
  • 2022 (10) TMI 296
  • 2022 (10) TMI 314
  • Customs

  • 2022 (10) TMI 292
  • 2022 (10) TMI 291
  • Insolvency & Bankruptcy

  • 2022 (10) TMI 290
  • 2022 (10) TMI 289
  • 2022 (10) TMI 288
  • Service Tax

  • 2022 (10) TMI 287
  • 2022 (10) TMI 286
  • Central Excise

  • 2022 (10) TMI 285
 

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