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...

Acceptance GSTR-3B Returns With Late Fee Will Not Condone Delay In Claiming ITC: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that mere acceptance of Form GSTR-3B returns with a late fee will not exonerate the delay in claiming the Input Tax Credit (ITC).The bench of Justice U. Durga Prasad Rao and Justice T. Mallikarjuna Rao has observed that ITC being a concession, benefit, or rebate, the legislature is within its competency to impose certain conditions, including a...

Revenue Needs To Be Consistent, Can’t Accept Proposition In One Case And Challenge In Another : Patna High Court

The Patna High Court has upheld the principle of consistency in taxation matters, asserting that the Revenue cannot challenge a declaration of law accepted in one case while challenging its correctness in another case without just cause. Quoting several judgments of the Apex Court, the Court held, "The established principle is that, if the Revenue has not challenged...

EPFO Declares 8.15% Interest Rate For EPF Accounts In FY 2022-23

In a recent circular dated July 24, 2023, the Employees' Provident Fund Organisation (EPFO) declared the interest rate as 8.15% for Employees' Provident Fund (EPF) accounts for the financial year 2022-23. The EPFO circular read, "The Ministry of Labour and Employment, Government of India, has conveyed the approval of the Central Government under para 60(1) of Employees'...

GSTN Introduces New Functionality Of E-Invoice Exemption Declaration Functionality For Business Facilitation

The Goods and Service Tax Network (GSTN) has introduced the new functionality of e-invoice exemption declaration for business facilitation.The functionality is specifically designed for taxpayers who are by default enabled for e-invoicing but are exempt from implementing it under the CGST (Central Goods and Services Tax) Rules.The e-Invoice Exemption Declaration functionality is voluntary and...

District Mining Officer Liable To Collect TCS On Compounding Fee Received From Illegal Miners: ITAT

The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessee, the District Mining Officer, is liable to collect tax at source on the compounding fee received from illegal miners even in the absence of a valid lease or licence of mines.The bench of Ravish Sood (Judicial Member) and Arun Khodpia (Accountant Member) has observed that even in the absence of any...