Tax
Constitutionality Of First Proviso To Section 148 Of Income Tax Act, Rajasthan High Court Issues Notice To Govt.
The Rajasthan High Court bench headed by Acting Chief Justice Manindra Mohan Shrivastava and Justice Sameer Jain has issued the notice to the government on a plea challenging the validity of the first proviso to section 148 of the Income Tax Act by granting arbitrary powers to the AO. The petitioner/assessee has filed this Writ Petition under Article 226 of the Constitution of...
Credit Notes Not Affecting Input Tax Can't Be Treated As Taxable Turnover: Kerala High Court
The Kerala High Court bench of Justice S.V. Bhatti, Bechu Kurian Thomas, and Justice Basant Balaji has held that credit notes not affecting input tax already deposited cannot be treated as taxable turnover by the extended meaning of Section 2 subsection (iii) Explanation VII of the Kerala Value Added Tax Act. The writ petitioner/assessee is a registered dealer under the Kerala Value...
Alleged Coercion By GST Officers For Making 'Recovery' During Course Of Search: GST Investigation Wing Issues Instructions
The GST Investigation Wing has issued an instruction on the allegation of coercion by the GST officers for making "recovery" during the course of search.During the course of a search, the taxpayers may choose to deposit a portion or all of their GST liability stemming from a problem identified by the department during the search by submitting DRC-03. There have been reports of...
CA Allegedly Involved In Preparation Of Forged Certificates For Bogus Companies To Claim GST Refund: Gurugram Court Refuses Bail
The Gurugram Court has refused to grant bail to the CA who is accused of preparing forged certificates for bogus companies claiming GST refunds. The Bench of Manoj Kumar Rana (Additional Chief Judicial Magistrate) observed that the CA is involved in causing a loss to the government treasury to the tune of Rs.7,60,89,626/-. Thus, he has committed an offence under Section 132 (1) (i)...
Taxpayers Have Independent Statutory Right To File A Reply To Show Cause Notice And Draft Assessment Order: Delhi High Court
The Delhi High Court bench of Justice Manmohan and Justice Manmeet Preetam Singh Arora, while directing the National Faceless Assessment Centre (NFAC) to pass the fresh assessment order, held that the taxpayers have an independent statutory right to file a reply to the show cause notice and draft assessment order. The Assessing Officer had extended the timeframe for filing objections...
Sale Of Second Hand 'Paintings' Attracts 12% GST: Maharashtra AAR
The Maharashtra Authority of Advance Ruling (AAR) consisting of Rajiv Magoo and T.R. Ramnani has ruled that the 12% GST is payable on the sale of second-hand paintings. The applicant, M/s. Saffron Art Private Limited, is in the business of procuring paintings on an approval basis from unregistered and registered persons and selling them by auction to the highest bidder. The...
Air Circulation Fans Supplied To Poultry House For Providing Ventilation To Livestock Attracts 18% GST: Gujarat AAR
The Gujarat Authority of Advance Ruling (AAR)consisting of Arun Richard and Atul Mehta has ruled that the 18% GST is payable on air circulation fans supplied to poultry houses for the purpose of providing ventilation to livestock. The applicant, M/s. Star Enterprise is in the business of supplying air circulation fans mainly to poultry houses for the purpose of providing ventilation...
CESTAT Allows Cenvat Credit On Insurance Services
The Ahmedabad Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) has allowed the Cenvat credit on insurance services. The appellant/assessee has raised the issue of whether the appellant is entitled to Cenvat credit in respect of input services. Construction services; fee for architectural and structural works for...
Haryana Govt. To Share Data Of Commercial Rent Or Lease Deed with Haryana Excise and Taxation Dept. To Curb GST Evasion
To combat GST avoidance, the Haryana government would exchange data on business rent or lease documents with the Haryana Excise and Taxation Department. Pranab Kishore Das, ACS and FCR, and Anurag Rastogi, ACS (E & T), met to discuss the subject of GST avoidance in the rental of immovable property other than those rented out for residential reasons. Any rental of immovable...
CESTAT Allows Cenvat Credit To The Member Of Industries Association Who Received Services And Borne Expenditure
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) has held that the member of an industry association who has received the services and borne the expenditure is entitled to the cenvat credit.The appellant/assessee is a member of the Valia Industries Association. Service provider Shree Rang Services provided...
Failure Of Assessee To Reply To Income Tax Notice Due To COVID: ITAT Directs Fresh Adjudication
The Bangalore bench of the Income Tax Appellate Tribunal (ITAT) held that the assessee could not respond to the notices in view of the pandemic situation, which has to be accepted as a reasonable cause.The two-member bench headed by N.V. Vasudevan (Vice President) and Chandra Poojari (Accountant Member) set aside the orders of the CIT (A) and remanded the issue to the CIT (A) for a...
Indian Company Liable To Service Tax On Secondment Of Employees From Overseas Group Entities As Recipient Of Manpower Supply: Supreme Court
The Supreme Court has held that when the Overseas group companies providing skilled employees, on secondment basis, to its Indian counterparts amounts to supply of manpower services, the Indian company would be considered as service recipient. Therefore, the Indian company is liable to pay service tax on the salaries of the seconded employees reimbursed to the overseas company.While...