Tax
Exemption u/s 26 of Special Economic Zones Act, 2005 Is Overriding In Nature: CESTAT Quashes Service Tax Demand
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand and held that the exemption afforded by section 26 of the Special Economic Zones Act, 2005 is overriding in nature and the breach of conditions is procedural.The two-member bench of Ajay Sharma (Judicial Member) and C.J. Mathew (Technical Member) has held that the...
Most People Possessing Exotic Species Are Animal Lovers, Cannot Direct Govt To Criminalize Non-Declaration: Tripura High Court
The petitioner had sought prosecution of those who haven't made declaration about possession of exotic animals and birds in accordance with an advisory issued by the Centre in June 2020
Security Services Provided By LLP To Registered Person Not Covered Under RCM: AAR
The Haryana Authority of Advance Ruling (AAR) has ruled that security services provided by LLP to any registered person are not covered by the Reverse Charge Mechanism (RCM) and are taxable on a forward charge basis.The two-member bench of Sunder Lal and Kumud Singh has ruled that an LLP is a body corporate for the purpose of the Companies Act, 2013 and the same would apply to the term...
Charitable Organisation Should spend grant As Per Terms And Conditions, not on whims and fancies: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessee is not free to use the funds voluntarily as per its own whims and fancies and that the same has to be spent as per the terms and conditions of the grant.The two-member bench of Yogesh Kumar U.S. (Judicial Member) and Shamim Yahya (Technical Member) has observed that the grants are given specifically...
Vodafone Entitled To Claim CENVAT Credit On Tower And Prefabricated Buildings: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that Vodafone is entitled to claim CENVAT credit on tower/tower material and pre-fabricated buildings/shelters.The two-member bench of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that Vodafone was entitled to take CENVAT credit since the items in dispute were...
CBIC Issues Clarification Regarding Classification Of Goods Referred As Truck Cranes or All Terrain Cranes
The Central Board of Indirect Taxes and Customs (CBIC) has issued a clarification regarding the classification of the goods referred to as truck cranes or all-terrain cranes.Truck cranes, or all-terrain cranes, are essentially used for handling and lifting heavy loads and have mobility as a function.Truck cranes, or all terrain cranes, come in various types and sizes, depending on...
GST Registration Cancellation: Madras High Court Directs Changes In Architecture Of GST Portal
The Madras High Court has directed the GST department to take suitable steps by instructing GST Network, New Delhi to make suitable charges in the architecture of the GST Web Portal to allow the petitioners to file their returns and pay the tax/penalty/fine.The single bench of Justice Anitha Sumanth has noted that payment of tax, interest, fine/fee, etc. shall not be allowed to be made...
No TDS On Payment Of FTS To Non-Resident Not Having PE In India: ITAT
The Kolkata Bench Income Tax Appellate Tribunal (ITAT) ordered no TDS on payment of fees for technical services (FTS) to non-residents not having a Permanent Establishment (PE) in India.The two-member bench of Rajpal Yadav (Vice President) and Rajesh Kumar (Accountant Member) has observed that the payment made to non-resident recipients not having any permanent establishment in India and...
Myntra Not Entitled To ITC On Vouchers And Subscription Packages Procured From Third Party Vendors: AAR
The Karnataka Authority of Advance Ruling (AAR) has ruled that Myntra is not entitled to an Input Tax Credit (ITC) on vouchers and subscription packages procured from third-party vendors.The two-member bench of M.P. Ravi Prasad and T. Kiran Reddy has observed that Myntra is not eligible to avail of the input tax credit, in terms of Section 16 of the CGST Act 2017, on the vouchers and...
Physical Verification Of Business Premises For GST Registration Without Issuing Notice Is Violation Of Principle Of Natural Justice: Delhi High Court
The Delhi High Court has held that the physical verification of business premises for GST registration without issuing a notice is a violation of the principle of natural justice.The division bench of Justice Rajeev Shakdher and Justice Taravitasta Ganju has noted that the proper officer opted to have the petitioner's business premises inspected, albeit without the presence of its...
Registration Of Premises Not A Necessary Prerequisite For Claiming A Refund Under Cenvat Credit Rules, 2004: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the registration of premises is a necessary prerequisite for claiming a refund under Rule 5 of the Cenvat Credit Rules, 2004.The bench of Rachna Gupta (Judicial Member) has observed that service providers are entitled to a refund under rule 5 of the Cenvat Credit Rules, 2004 when the output service...
Tax Cases Weekly Round-Up: 18 September To 24 September, 2022
Delhi High Court Reassessment Notices Issued Between 1st April 2021 To 30th June,2021 Not Time Barred: Delhi High Court Case Title: Touchstone Holdings Private Limited Versus Income Tax Officer Citation: 2022 LiveLaw (Del) 890 The Delhi High Court has held that the reassessment notices issued between 1st April 2021 and 30th June 2021, will be deemed to have been issued...