Tax
Reassessment Proceedings For AY 2013-14, 2014-15 Initiated After 1 April 2021 Have To Be Closed Irrespective Of Income Escaping Assessment: Allahabad High Court
The Allahabad High Court ruled that the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) cannot be used to conduct the reassessment proceedings beyond March 30, 2021. The time limit outlined in Section 149(1)(b) (as amended beginning April 1, 2021) cannot be extended by the department after March 30, 2020.The division bench of Justice Sunita Agarwal...
Stadium Provided By Tamil Nadu Cricket Association For IPL Matches, Not Taxable As ‘Infrastructural Support Service’ To BCCI: CESTAT
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the Chepauk Stadium provided by the Tamil Nadu Cricket Association for conduct of the Indian Premier League (IPL) matches, does not attract service tax. The Tribunal dismissed the Revenue Department’s contention that the same was in the nature of infrastructural support service provided...
Tax Cases Weekly Round-Up: 19 February To 25 February 2023
Bombay High Court GST Act Can’t Be Interpreted To Deny Right To Carry Trade And Commerce By Citizens: Bombay High Court Case Title: Rohit Enterprises Versus The Commissioner State GST Bhavan Citation: 2023 LiveLaw (Bom) 108 The Aurangabad Bench of the Bombay High Court has held that the provisions of the GST enactment cannot be interpreted so as to deny the right to carry...
DGFT Amends Import Policy For Raw Cashew Nuts Exempting EOU, Processing Units Operating From SEZ From MIP Norm
The Director General of Foreign Trade has modified the import regulations for raw cashew nuts so that processing facilities operating within Special Economic Zones (SEZ) and export-oriented units (EOUs) are exempt from the minimum import price (MIP) requirement.The notification stated that imports by 100% EOUs and SEZs units would not be subject to the Minimum Import Price (MIP) on Cashew...
Selling Of Alcoholic Liquor For Human Consumption Is A “Non-Taxable Supply”: AAR
The West Bengal Authority for Advance Ruling (AAR) has observed that the activities of selling alcoholic liquor for human consumption by the applicant would be treated as a "non-taxable supply" and therefore fall under the category of "exempt supply" under the GST Act.The two-member bench of Brajesh Kumar Singh and Joyjit Banik has ruled that the applicant is required to reverse input tax...
Jet Airways Fails To Comply With The Notices In spite Of Several Opportunities: ITAT Imposes Cost Of Rs. 25,000 Payable To PM Relief Fund
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that Jet Airways has failed to comply with the notices issued by the lower authorities in spite of several opportunities. Jet Airways was directed to pay a cost of Rs. 25,000 for being delinquent before the lower authorities which was to be paid to the Prime Minister’s Relief Fund within 30 days.The two-member...
GST Exempted On Bouquet Made With Dry Parts Of Plants, Foliage, And Branches Of Plant: AAR
The West Bengal Authority of the Advance Ruling (AAR) has observed that bouquets made with dry parts of plants, such as foliage, flower buds, grasses, and branches of plants, are exempt from GST.The two-member bench of Brajesh Kumar Singh and Joyjit Banik has observed that the bouquet made with dry parts of plants, foliage, flower buds, grasses, and branches of plants that are dried,...
GST Exempted On Services Of Milling Of Food Grains Into Flour To Govt. Of West Bengal For PDS: AAR
The West Bengal Authority of Advance Ruling (AAR) has ruled that services by way of milling food grains into flour (atta) and supplying it to the Food & Supplies Department, Govt. of West Bengal, for distribution under the Public Distribution System, are eligible for GST exemption.The two-member bench of Brajesh Kumar Singh and Joyjit Banik has observed that the composite supply of...
5% GST Applicable On Value Of Part Of Gold Retained For Job Work: West Bengal AAR
The West Bengal Advance Ruling Authority (AAR) has ruled that the value of 10 grams of gold is included in the value of job work services and is subject to 5% GST.The bench of Brajesh Kumar Singh and Joyjit Banik has observed that the applicant retains 10 gm of pure gold on account of wastage, which is beyond the permissible limit of wastage in the nature of normal loss. The value of pure...
Constitute GST Tribunal To Reduce Needless Litigations In The Form Of Filing Writ Petitions: Bombay High Court Advises CBIC
The Bombay High Court has advised the Central Board of Indirect Taxes (CBIC) to construct GST tribunals to reduce needless litigation in the form of filing writ petitions."It would be advisable, to avoid further complications, that the Board issues instructions to incorporate Clause 4.2 of the Circular dated 18 March 2020 in each order which is appealable to the Appellate Tribunal...
Jammu & Kashmir Govt. Imposes Property Tax In Municipal Areas From April 1, 2023
The Housing and Urban Development Department of Jammu and Kashmir has notified the Jammu and Kashmir Property Tax (Other Municipalities) Rules, 2023, which prescribe the rules for the levy, assessment, and collection of property tax in the municipalities and municipal councils of the Union Territory of Jammu and Kashmir.The Rules shall be effective from April 1, 2023.The property tax...
No Service Tax Payable On Construction Services Provided To Gujarat State Police Housing Corporation: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the service tax is not payable on the construction services provided to the Gujarat State Police Housing Corporation for the construction of a residential complex for the police staff.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that the...