Tax
Madras High Court Allows Concessional Customs Duty Benefit On Goods Used In Rotor Of Windmills For Notional Billing To Customer
The Madras High Court has allowed the concessional customs duty benefit on goods used in the rotor of windmills for notional billing to customers.The single bench of Justice M. Nirmal Kumar has observed that the imported rotor blades need no customization and mechanisation. Hence, raising an invoice in the name of the client after importing and transporting it to the customer's site is...
12% GST Payable On Works Contract Services Executed To Karnataka Housing Board For Construction Of Police Station: AAR
The Karnataka Authority of Advance Ruling (AAR) has ruled that 12% GST is payable on work contract services executed for the Karnataka Housing Board for the construction of a police station.The two-member bench of M.P. Ravi Prasad and T.Kiran Reddy has held that work contract services executed to the Karnataka Slum Development Board under the Pradhan Mantri Awas Yojana, as a...
CESTAT Allows Interest On Custom Duty Refund From Deposit Date To Refund Date
The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the 12% interest on custom duty refund from the deposit date to the refund date.The bench of Anil Choudhary (Judicial Member) has observed that the amount of deposit made during investigation or audit becomes pre-deposit ipso facto upon contest of the dispute or filing of the appeal, and the...
GST Dept. Made Attachment Without Recording Opinion And Referring To Any Tangible Material: Allahabad High Court Imposes Cost
The Allahabad High Court has held that the department has neither recorded the opinion nor referred to any tangible material which necessitated him to pass the provisional attachment order to protect the interest of the government revenue.The division bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has directed the department to pay the cost of Rs. 50,000 to...
CBIC Prescribes New Procedure For Disposal Of Gold
The Central Board of Indirect Taxes and Customs (CBIC) has prescribed the new procedure for the disposal of gold.As per the new rules, the seized/confiscated gold (other than ornaments/jewellery/articles) shall be transferred to the Reserve Bank of India (RBI) through Security Printing and Minting Corporation of India Ltd. (SPMCIL). The implementation of the new procedure was by...
Cancellation Of GST Registration Ultimately Impacts Recovery Of Taxes: Calcutta High Court
The Calcutta High Court has held that if the registration of a dealer is cancelled, the dealer cannot carry on its business in the sense that no invoice can be raised by the dealer. This would ultimately impact the recovery of taxes.The division bench of Justice T.S. Sivagnanam and Justice Prasenjit Biswas has held that the suspension of the appellant's registration should be...
ITAT Allows Deduction On Residential House Built Up On 3 Adjacent Contiguous Plots
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the claim of a deduction under section 54 of the Act for a residential house built on three adjacent contiguous plots. The principle of multiple residential houses/units holds good till the units are in the same physical location and contiguous to each other.The two-member bench of Astha Chandra (Judicial Member)...
Transporter Of Goods May Seek Release Of Only The Conveyance: Madras High Court
The Madras High Court has held that the transporter may seek release of only the conveyance upon satisfaction of the statutory conditions.The division bench of Justice Anitha Sumanth has observed that the phrase 'person transporting the goods' in Sections 129(1) and (6) to mean the owner or his agent who has contracted to supply the goods, and not the transporter who will provide...
No GST On Services Of Sweeping, Segregation And Transport Of Garbage: Karnataka AAR
The Karnataka Authority of Advance Ruling (AAR) has ruled that GST is not payable on the services of cleaning and sweeping of lawns and garden path areas and segregating and transporting garbage.The two-member bench of M.P. Ravi Prasad and T. Kiran Reddy has observed that no GST is payable on the supply of manpower for garden maintenance on an outsourced basis to the Department...
PCIT Failed To Recorded Satisfaction Under His Signature Prior To Issuance Of Reassessment Notice By AO: Allahabad High Court
The Allahabad High Court has held that the Principal Commissioner of Income Tax (PCIT) has not recorded satisfaction under his signature prior to the issuance of a reassessment notice by the Assessing Officer under Section 148 of the Act, 1961.The division bench of Justice Surya Prakash Kesarwani and Justice Chandra Kumar Rai has observed that subsequent to the issuance of the...
Litigation Expenditure Incurred To Protect Business Is Covered Under Revenue Expenditure: ITAT
The Jaipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that when litigation expenditure is incurred to protect the business, the same is revenue expenditure.The two-member bench of Sandeep Gosain (Judicial Member) and Rathod Kamlesh Jayantbahi (Accountant Member) has observed that since the assessee has no interest in the ownership of the asset but he is in possession of...
Training Fee Paid To Professional Trainer Doesn't Amounts To Fees for Technical Services, No TDS Deductible: ITAT
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that TDS is not deductible on training fees paid to professional trainers as it does not amount to fees for technical services.The two-member bench headed by N.V. Vasudevan (Vice-President) and Chandra Poojari (Accountant Member) have observed that the nature of service rendered by the non-resident is neither in...