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Home e-Newsletters Index Year 2021 August Day 13 - Friday

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TMI Tax Updates - e-Newsletter
August 13, 2021

Case Laws in this Newsletter:

GST Income Tax Service Tax CST, VAT & Sales Tax Indian Laws



Highlights / Catch Notes

  • GST:

    Exemption from GST - The Indian Institute of Infrastructure and Construction [IIIC] qualifies to be classified as an educational institution as defined under clause (y) of Paragraph 2 of Notification No. 12/2017 CT (Rate) and accordingly the courses conducted in the institution are eligible for exemption from GST - AAR

  • GST:

    Classification of goods - Roasted / salted / roasted and salted Cashew nuts are classifiable under Customs Tariff Heading 2008.19.10 and roasted / salted / roasted and salted Ground nuts and other nuts are classifiable under Customs Tariff Heading 2008.19.20 and is liable to GST at the rate of 12% - AAR

  • GST:

    Classification of goods - Jack fruit chips and Banana chips (salted and masala varieties) made out of raw as well as ripe banana and sold without BRAND NAME - The Jackfruit Chips and Banana Chips are classifiable under Customs Tariff Heading 2008.19.40 and liable to GST at the rate of 12% - AAR

  • GST:

    Cancellation of anticipatory bail granted - while granting anticipatory bail to the respondents, this Court specifically ordered that if the respondents / accused failed to comply with the conditions imposed by this Court, the anticipatory bail granted to the respondents shall stand automatically cancelled. Even till today, the respondents did not comply the conditions as imposed by this Court. Accordingly, the Anticipatory Bail petitions filed by the respondents stand dismissed. The petitioners are at liberty to proceed in accordance with law as against the respondents. - HC

  • Income Tax:

    Validity of reopening of assessment u/s 147 - Addition u/s 68 - The function of the assessing authority at this stage is to administer the statute and what is required is a reason to believe and not to establish fact of escapement of income and therefore, looking to the scope of Section 147 as also sections 148 to 152 of the Act, even if scrutiny assessment has been undertaken, if substantial new material is found in the form of information on the basis of which the assessing authority can form a belief that the income of the petitioner has escaped assessment, it is always open for the assessing authority to reopen the assessment. - HC

  • Income Tax:

    Disallowance of donation made to All India Gems & Jewellery Trade Federation - The payment was voluntary and not under compulsion. Even otherwise, as rightly pointed out by Ld. D.R., there is no material to show that the donation was made under compulsion. On the contrary, the above said extract taken from the application form show that the donation was given to the Federation recognising the value in its bringing not only to trade but also to education and well being of the community. - AT

  • Income Tax:

    Deduction u/s 80IB(10)(a) - As well established that the project of the assessee was completed before the cutoff date as per the provisions by the Act i.e. 31.03. 2012. The AO has chosen to ignore all these facts and made the addition on the basis of interpretation of statute by holding that the date of completion is 21.12.2013 i.e. the date of letter of Joint Secretary, GDA ignoring the fact that this letter is not a completion certificate issued by the GDA. This letter itself mentions the date of completion as 21.02.2011. This date of letter has been erroneously taken by AO as ' the completion date. - CIT(A) rightly granted the benefit of deduction - AT

  • Income Tax:

    Addition u/s 68 - In the given case, AO has not carried out any useful investigation but merely followed the previous pattern of investigation and completed the assessment on preconceived notion that the parties are bogus without really verifying the real aspect - the assessee has clearly given the details of suppliers and parties with whom the assessee has made purchases and sales to Revenue authorities, not only the address but also the PAN details, sales tax details, bank details, etc., AO cannot verify one aspect of identifying the parties and neglecting the other important aspect of identification and comes to conclusion which itself is not proper. - Additions deleted - AT

  • Income Tax:

    Assessment u/s 153A - benefit of exemption u/s 11 - Bogus purchases - even if the benefits of section 11 is denied than too there can be no income of the appellant trust on which tax can be collected from it in view of the provisions of section 10(23C)(vi) of the Act considering the approval granted to the appellant trust. - after giving effect to exemption under provisions of section 10(23C)(vi) there cannot be any income of the appellant trust which can be charged to tax as the total income of the Appellant society is exempted - AT

  • Income Tax:

    Appointment of respondents 4 and 5 to the office of the Vice President of the Income Tax Appellate Tribunal - principal objection of the petitioner is that these interim orders of the Apex Court do not apply to an appointment made on 22.01.2020 - The petitioner has completely failed to establish that the appointments are contrary to the relevant parent Act or the rules framed thereunder. Accordingly, there is no merit in the petitioner’s challenge - HC

  • Indian Laws:

    Dishonor of Cheque - legally enforceable debt or not - The complainant upon whose shoulder the burden of proving the alleged existence of legally enforceable debt was reverted, could not able to discharge the same. This aspect both the Trial Court and the Sessions Judge's Court failed to notice. On the other hand they were carried away by the fact that the accused was the drawer of the cheques in question which came to be returned unpaid when presented for realization and proceeded to hold that accused is guilty of the alleged offence. - HC

  • Service Tax:

    Provision of services to SEZ unit - man power supply service - Section 51 of SEZ Act, 2005 is to have an overriding effect. The denial of the benefit of exemption by relying upon procedural requirement of a notification would be against the provisions laid down in the SEZ Act - the demand of service tax under Man power service cannot sustain. - AT

  • VAT:

    Recovery of Sales Tax Dues - Cancellation of Auction - Department accepted the said property as one of the securities at the time of granting registration - As an intending purchaser, the appellant was required to exercise due diligence and make thorough verification and cannot turn around and say that it is for the Department to verify all the facts. - No relief granted - HC

  • VAT:

    Validity of recovery notice - charge and priority over the other claims against the property - Admittedly, there is no necessity for registration of a security bond as the appellant is irrevocably bound herself to the dues payable by the firm at the time when the registration was applied by the husband of the appellant. Therefore, it will be too late in the day for the appellant to state that the property cannot be proceeded against, that it is her individual property and that the provisions of the TNGST Act, 1959 do not specifically provide for recovery of arrears of sales tax from a person, who is not a dealer/defaulter. - HC


Articles


Notifications


Circulars / Instructions / Orders


News


Case Laws:

  • GST

  • 2021 (8) TMI 495
  • 2021 (8) TMI 494
  • 2021 (8) TMI 493
  • 2021 (8) TMI 492
  • 2021 (8) TMI 491
  • 2021 (8) TMI 474
  • 2021 (8) TMI 473
  • 2021 (8) TMI 471
  • Income Tax

  • 2021 (8) TMI 470
  • 2021 (8) TMI 469
  • 2021 (8) TMI 468
  • 2021 (8) TMI 467
  • 2021 (8) TMI 466
  • 2021 (8) TMI 465
  • 2021 (8) TMI 464
  • 2021 (8) TMI 488
  • 2021 (8) TMI 487
  • 2021 (8) TMI 486
  • 2021 (8) TMI 463
  • 2021 (8) TMI 462
  • 2021 (8) TMI 461
  • 2021 (8) TMI 460
  • 2021 (8) TMI 459
  • 2021 (8) TMI 458
  • 2021 (8) TMI 484
  • 2021 (8) TMI 457
  • 2021 (8) TMI 456
  • 2021 (8) TMI 481
  • 2021 (8) TMI 480
  • 2021 (8) TMI 455
  • 2021 (8) TMI 454
  • 2021 (8) TMI 453
  • 2021 (8) TMI 477
  • 2021 (8) TMI 452
  • 2021 (8) TMI 451
  • Service Tax

  • 2021 (8) TMI 485
  • 2021 (8) TMI 472
  • 2021 (8) TMI 490
  • 2021 (8) TMI 450
  • CST, VAT & Sales Tax

  • 2021 (8) TMI 489
  • 2021 (8) TMI 483
  • 2021 (8) TMI 482
  • 2021 (8) TMI 478
  • Indian Laws

  • 2021 (8) TMI 479
  • 2021 (8) TMI 476
  • 2021 (8) TMI 475
  • 2021 (8) TMI 449
 

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