Cooking Cream Attracts 18% GST: AAAR

The Haryana Appellate Authority of Advance Ruling (AAAR) bench consisting of Amit Kumar Aggarwal and Anil Kumar Jain has ruled that 18% Goods and Service Tax (GST) is payable on the cooking cream.The appellant is in the business of distributing various dairy and non-dairy products. The goods, namely "Cooking Cream", sold by the appellant under the name 'Cooking Delite", are...

Flight Testing Services Provided To Hindustan Aeronautics Not Taxable As Fees For Technical Services: Bangalore ITAT

The ITAT Bangalore Bench, consisting of members George George K (Judicial Member) and Padmavathy S (Accountant Member), has ruled that flight testing services provided to Hindustan Aeronautics Limited cannot be taxed as fees for technical services and therefore no TDS is required to be collected on it. The Assessee Hindustan Aeronautics Limited (HAL), a public sector undertaking of...

Reassessment Notice Issued Within 5 Hours Of Receiving Information, Bombay High Court Says Nothing Wrong, If There Is Application Of Mind

The Bombay High Court bench of Justice K.R. Shriram and Justice Amit B. Borkar has upheld the validity of the reassessment notice issued within 5 hours of receiving information against Maharashtra Minister, Chhagan Chandrakant. The petitioner/assessee was Maharashtra's Cabinet Minister. He filed the return of income for the assessment year 2012–13, which was accepted without...

Rejection Of GST Refund Application On The Ground Of Delay Not Valid, Extension Of Limitation Applicable: Allahabad High Court

The Allahabad High Court bench consisting of Justice Surya Prakash Kesarwani and Justice Jayant Banerji observed that the refund application under the Goods and Service Tax (GST) cannot be rejected merely on the ground of delay."We find that the refund application of the petitioner could not have been rejected by the respondent merely on the ground of delay, ignoring the order of the...

Govt. Reduces GST To 5% On Domestic Maintenance, Repair and Overhaul Services In Aviation Industry

The Ministry of Civil Aviation has notified the reduction in Goods and Service Tax (GST) from 18% to 5% on Domestic Maintenance, Repair, and Overhaul Services. The press release stated that the average number of passengers carried in the pre-COVID financial year (2019–20) was around 4 lakh per day. On March 6, 2022, domestic airlines in India carried around 3.7...

GST ITC Not Allowable to BMW On Demo Car Or Vehicle: AAAR

The Haryana Appellate Authority of Advance Ruling (AAAR) bench consisting of Amit Kumar Aggarwal and Anil Kumar Jain ruled that the Input Tax Credit (ITC) is not allowable on demo cars/vehicles.BMW/Appellant has been registered in GST at Gurugram as a State administered taxpayer for running a training centre for the training of Engineers and Marketing professionals etc. They get...

Refusal To Fill Consent Form To Obtain Information About Swiss Bank Account, Delhi High Court Upholds Penalty

The Delhi High Court has upheld the penalty issued under the Income Tax ActIncome Tax Act, 1961 upon an assessee who had failed to fill the consent-cum-waiver form to enable the tax authorities to obtain information about the alleged Swiss Bank accounts held by it. The Bench, consisting of Justices Manmohan and Sudhir Kumar Jain, has held that even if the Assessee had no connection with...

18% GST Payable On Pizza Topping As Pizza Topping Is Not Pizza: AAAR

The Haryana Appellate Authority of Advance Ruling (AAAR) bench consisting of Amit Kumar Aggarwal and Anil Kumar Jain held that 18% Goods and Service Tax (GST) is payable on pizza topping as pizza topping is not pizza.The appellant is in the business of distributing various dairy and non-dairy products and is registered with the jurisdictional GST authorities. The product...

Show Cause Notice Without Containing Allegations Of Violations, Amounts To Violation Of Principles Of Natural Justice: Jharkhand High Court

The Jharkhand High Court bench consisting of Justice Aparesh Kumar Singh and Justice Deepak Roshan has quashed the show cause notice issued under Goods and Service Tax (GST) for not containing the allegations of violation, amounting to a violation of principles of natural justice.The petitioner/assessee challenged the impugned show cause notice issued by the...

Reply Of The Taxpayer Not Considered: Bombay High Court Quashes Income Tax Faceless Assessment

The Bombay High Court bench, consisting of Justice A.S. Chandurkar and Justice Pushpa V. Ganediwala, has quashed the income tax faceless assessment as the reply of the taxpayer was not considered by the department/respondent.The income tax department has launched the Faceless Facility for income tax appeals. Under the facility, all the cases will be completed in a faceless way in a...

LTCG On Penny Stock Transaction Cannot Be Denied Exemption In Absence Of Incriminating Material: ITAT Mumbai

The Mumbai Bench of ITAT, consisting of members Rahul Chaudhary (Judicial Member) and Shamim Yahya (Accountant Member), has ruled that long term capital gains arising from a penny stock transaction cannot be denied exemption under the Income Tax Act, 1961 on the ground that the said transaction is bogus and pre-arranged in the absence of any incriminating material. The Assessee,...

Allegations Contained in SCN Were Vague: Calcutta High Court Suspends Order Cancelling GST Registration

The Calcutta High Court bench consisting of Justice ​​Md. Nizamuddin has suspended the order cancelling GST registration on the grounds that the allegations contained in the show cause notice were vague.The petitioner/assessee challenged the show-cause notice for cancellation of the GST registration of the petitioner and suspended the registration of the petitioner by the...