Tax
CESTAT Deletes Penalty On Availment of Credit Of Input Services Used In Co-Generation Plant For Generation Of Electricity Sold Outside
The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has deleted the penalty imposed with regard to credit availed in respect of input services used in the co-generation plant for the generation of electricity sold outside.The bench of Sulekha Beevi C.S. (Judicial Member) has upheld a penalty imposed with regard to an input service tax credit on the services...
Income Tax Exemption Eligible On Activities Undertaken For Advancement Of General Public Utility: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the income tax exemption under Section 11 of the Income Tax Act is eligible for activities undertaken for the advancement of general public utility.The two-member bench headed by Pramod Kumar (Vice President) and Rahul Chaudhary (Judicial Member) has observed that the activities of the appellant were directed toward...
Tax Cases Weekly Round-Up: 16 October To 22 October, 2022
Supreme Court Valuation Of Shares For The Purpose Of Gift Tax Should Take Into Consideration Limitation And Restrictions: Supreme Court Case Title: Deputy Commissioner of Gift Tax Versus M/s BPL Limited Citation: 2022 LiveLaw (SC) 848 The Supreme Court has held that the valuation of shares for the purpose of gift tax must take into consideration the limitations...
CESTAT Allows Refund Of Unutilised Cenvat credit of Education Cess For Payment Of Output Tax
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the refund of unutilised cenvat credit of education cess and secondary and higher education cess for payment of output tax.The bench of Anil Choudhary (Judicial Member) has relied on the order passed by the Tribunal in the case of Bharat Heavy Electricals Ltd. Vs. Commissioner, CGST and held an...
Subleasing Of Containers; Deemed Sale , Service Tax Not Applicable ; Bombay High Court
The Bombay High Court has ruled that service tax would be applicable on transfer of goods only in cases where there is no "transfer of right to use" the said goods. The bench of Justices K. R. Shriram and A. S. Doctor ruled that in view of Article 366(29A)(d) of the Constitution of India, transfer of right to use goods is a deemed sale, which is subject to Sales Tax/VAT. The Court...
Works contract services provided to Malabar Cancer Centre Attracts 18% GST: Kerala AAR
The Kerala Authority of Advance Ruling (AAR) has held that work contract services provided to Malabar Cancer Centre attract 18% GST with effect from 01.01.2022.The two-member bench of S.L. Sreeparvathy and Abraham Renn S. has observed that Malabar Cancer Centre is a society established by the State Government with 100 per cent participation by way of equity or control, to carry out the...
GST Payable On Value Of Free Diesel Filled By Service Recipient In Vehicle: Uttarakhand AAR
The Uttarakhand Authority of Advance Ruling (AAR) has ruled that when the transaction value of the goods transport agency (GTA) service is added to the free value of diesel, the value of free diesel filled by the service recipient in the vehicle(s) provided by the applicant will be subject to GST.The two-member bench of Anurag Mishra and Rameshwar Meena has observed that the input, i.e., fuel,...
Commercial Vehicle Body Building On Chassis Supplied By The Customer Is A Supply Of Service, Attracts 18% GST: Kerala AAR
The Kerala Authority of Advance Ruling (AAR) has ruled that commercial vehicle body building on chassis supplied by the customer is a supply of service.The two-member bench of S.L. Sreeparvathy and Abraham Renn S. has observed that commercial vehicle body building on chassis supplied by the customer attracts 18% GST.The applicant is in the business of bodybuilding commercial vehicles used...
CBIC Extends Due Date For Filling GSTR 3B to 21 October, 2022
The Central Board of Indirect Taxes and Customs (CBIC) has extended the due date for filing GSTR 3B to October 21, 2022."The Commissioner, on the recommendations of the Council, hereby extends the due date for furnishing the return in FORM GSTR-3B, for the registered persons required to furnish a return under sub-section (1) of section 39 read with clause (i) of sub-rule (1) of rule 61 of...
GST Council Notifies Authorities On Actions To Be Taken Consequential To The Issuance Of A Show Cause Notice And Recurring SCNs In The Case Of Enforcement Actions
The Goods and Service Tax Council has notified the authorities regarding action consequential to the issuance of a Show Cause Notice and for the issuance of a recurring Show Cause Notice in the case of an enforcement action initiated by the Central authorities against a taxpayer assigned to a State and vice versa.It has been noted that varied practices are followed by the field...
MSO Liable To Pay Service Tax For Providing Cable Operator Services To LCO: CESTAT
The Chandigarh Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that Multi System Operators (MSOs) are liable to pay service tax for providing cable operator services to Local Cable Operators (LCOs).The two-member bench of Ajay Sharma (Judicial Member) and P.V. Subba Rao (Accountant Member) has observed that owing to the business model of the cable...
ITAT Deletes Disallowance u/s 14A Against Toyota As No Exempted Income Was Earned
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the disallowance under section 14A of the Income Tax Act against Toyota as no exempted income was earned.The two-member bench headed by N.V. Vasudevan (Vice President) and Padmavathi S (Accountant Member) has noted that the AO has made the disallowance on the basis that the investment could potentially earn income,...