Tax
6% More GST Is Payable If Construction Services Are Not Under Affordable Residential Apartments: Kerala AAR
The Kerala Authority Of Advance Ruling (AAR) has held that affordable residential apartments attract 1.5% GST. On the other hand, for residential apartments other than affordable ones, the rate of GST is 7.5%.The bench of S.L. Sreeparvathy and Abraham Renn S. has observed that the term affordable residential apartment shall mean a residential apartment in a project that commences on or...
Half-Yearly Digest Of Tax Cases: January-June, 2023
Indirect Taxes Supreme Court No Service Tax Applicable on User Development Fee collected From Passengers by Delhi, Mumbai and Hyderabad International Airports: Supreme Court Case Title: Central GST Delhi – III vs Delhi International Airport Ltd Citation : 2023 LiveLaw (SC) 457 The Supreme Court has ruled that the “user development fee” (UDF) levied and collected by...
Tax Cases Weekly Round-Up: 23 July To 29 July, 2023
Supreme Court Special Effects & 3D Conversion Services Are Not ‘Video-Tape Production’ Services Under S. 65(120) Of Finance Act, 1994: Supreme Court Case Title: Commissioner of Service Tax-IV vs Prime Focus Ltd. Citation : 2023 LiveLaw (SC) 561 The Supreme Court has upheld the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that...
ITAT Allows Income Tax Deduction On Interest Received From Enhanced Compensation Against Compulsory Acquisition Of Agricultural Land
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the income tax deduction on interest received from enhanced compensation for the compulsory acquisition of agricultural land.The bench of C.M. Garg (Judicial Member) has observed that the interest received by the assessee on enhanced compensation under Section 28 of the Land Acquisition Act, being part of the...
Goods In Transit Can’t Be Treated As Non-Traceable In Presence Of Tax Invoice, E-Way Bill And Bilty: Allahabad High Court
The Allahabad High Court has quashed the penalty order passed in Form MOU-09 under Section 129(1)(b) of the Goods and Services Tax Act, 2017 on the grounds that the goods in transit were duly accompanied by the tax invoice, e-way bill, and bilty.The bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava has relied on the decision of the Allahabad High Court in the case of...
Hostels Are Not Residential Dwelling Units, No GST Exemption: Karnataka AAR
The Karnataka Authority of Advance Ruling (AAR) has held that PG/Hostel Rent paid by inhabitants does not qualify for GST exemption as the services are not akin to renting a residential dwelling for use as a residence.The bench of M.P. Ravi Prasad and Kiran Reddy T. has observed that GST on reverse charge will be applicable on the rental to be paid to the landowners.The applicant is an LLP and...
No Service Tax Payable On Charges For Granting Diversion Of Forest Land For Non-Forest Purposes Like Mining: CESTAT
The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no service tax is payable on charges for granting diversion of forest land for non-forest purposes like mining.The bench of Ashok Jindal (Judicial Member) and K. Anpazhakan (Technical Member) has observed that the clearance granted by the Ministry of Environment, Forest, and Climate Change...
PCIT Can’t Initiate Revision Proceedings When CIT (A) Has Already Disposed Of The Appeal: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the revision order passed by the PCIT as the CIT (A) had already disposed of the appeal.The bench of Chandra Mohan Garg (Judicial Member) and M. Balaganesh (Accountant Member) has observed that the issue of granting additional TDS credit was already considered and decided by the CIT (A). For adjudication of the same...
GTAs Exempted From Yearly Declaration For GST Under Forward Charge: CBIC
The Central Board of Indirect Taxes and Customs (CBIC) on the recommendation of the 50th Meeting of the GST Council has notified the Goods Transport Agency (GTAs) exempted from yearly declaration for gst under forward charge.The GTAs will not be required to file a declaration for paying GST under forward charge every year with effect from July 27, 2023. If they have exercised this option for...
GST Exemption On Satellite Launch Services By Private Organisations: CBIC
The Central Board of Indirect Taxes and Customs (CBIC) on the recommendation of the 50th Meeting of the GST Council has notified that no GST shall be applicable on the Satellite Launch Services provided by the private organisations.Earlier, the GST was exempted on satellite launch services supplied only by Indian Space Research Organisation, Antrix Corporation Limited or New Space...
Excise Act | Meghalaya High Court Upholds Order Granting Interest To Assessee On Refund Of Deposit Made 'Under Protest' During Investigation
The Meghalaya High Court on Wednesday upheld the order passed by the Customs Excise and Service Tax Appellate Tribunal (CESTAT) granting interest on the delayed refund of a deposit made by the assessee under protest, during investigation for allegedly claiming excess cenvat credit.Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed that Section 11B of the Central Excise...
CBDT Authorises CCIT/DGIT Rank Officials To Condone Delay In ITR-filing By Co-Operative Societies
The Central Board of Direct Taxes (CBDT) has authorised Chief Commissioners of Income Tax (CCIT) and Directors General of Income Tax (DGIT) rank officials to condone delays in ITR-filing by cooperative societies."CCIT and DGIT are required to admit all pending and new applications and decide them on merits, in accordance with the law where such a person is required to get his accounts...