Tax
CBDT Notifies Income Tax Exemption To Uttar Pradesh Real Estate Regulatory Authority
The Ministry of Finance, acting through the Central Board of Direct Taxes (CBDT), has issued a notification under section 10(46) of the Income-tax Act, 1961, granting specific tax exemptions to UP RERA for specified incomes. Analysis of Notification The exemptions will apply to certain specified incomes earned by UP RERA, including grants-in-aid, loans/advances from the...
Service Tax Not Liable To Be Paid On Ocean Freight/Sea Transportation Services: Bombay High Court
The Bombay High Court has held that service tax is not liable to be paid on ocean freight or sea transportation services.The bench of Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla has relied on the decision of the Gujarat High Court in the case of SAL Steel Ltd. vs. . Union of India, in which it was held that no tax is leviable under the Integrated Goods and Services Tax Act, 2007,...
Service Tax Can't Be Fastened Without Identifying Specific Service Provided And Consideration Received: CESTAT
The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that service tax cannot be fastened without identifying the specific service provided and consideration received or to be received.The bench of Justice Dilip Gupta (President) and P. Anjani Kumar (Technical Member) has observed that in demanding the service tax, the twin conditions, i.e., identification...
High Courts Can't Entertain Appeals On Determination Of Excise Duty Rate Or Value Of Goods For Assessment: Rajasthan High court
The Rajasthan High Court, Jaipur Bench, has held that an appeal would lie to the High Court if the High Court is satisfied that the case involves a substantial question of law; however, an appeal would not lie if the same pertains to the determination of any question having relation to the rate of duty of excise or to the value of goods for purposes of assessment.The bench of Justice...
Madras High Court Directs AO To Allow Transitional Credit Of Purchase Tax Paid Under GST Act If Already Paid under VAT Act
The Madras High Court has directed the Assessing Officer to allow transitional credit of purchase tax paid under Section 140 of the TNGST Act, 2017, if the petitioner had paid “purchase tax” under Section 12(1) of the TNVAT Act.The bench of Justice C. Saravanan has observed that the petitioner deserves a chance to defend the case as the impugned assessment order was passed during the...
MRP Based Assessment Is Applicable Only To Mineral Water, Aerated Water And Not To Packaged Drinking Water: CESTAT
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that MRP-based assessment is applicable only to mineral water and aerated water and not to packaged drinking water.The bench of Sulekha Beevi C.S. (Judicial Member), and Vasa Seshagiri Rao (Technical Member) has observed that packaged drinking water cannot be assessed under Section 4A of the Central...
Issuance Of Pre-SCN Consultation Is Mandatory Requirement For Issuing SCN Under Customs Act, 1962: Jharkhand High Court
The Jharkhand High Court has held that the issuance of pre-SCN consultation is mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, before issuing the show cause notice.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the mandatory pre-SCN consultation, as mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, read with...
Pump For Lotion Dispenser Is Not Scent Spray Or Toilet Spray, Classifiable Under CTH 84248990: CESTAT
The Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the Pump for Lotion Dispenser is held to be covered under CTH 84248990, being the pumps meant not only for displacing the liquid or lotion but for simultaneously dispersing the same.The bench of Rachna Gupta (Judicial Member) and Hemambika R. Priya (Technical Member) has held that Section Note 8424...
Failure To Consider Reply On Merits; Delhi High Court Quashes GST Demand Against Max Healthcare
The Delhi High Court has quashed the GST demand of Rs. 8.23 crore against Max Healthcare.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that a proper officer had to at least consider the reply on merits and then form an opinion as to whether the reply was devoid of merits. The proper officer merely held that the reply was devoid of merit, which shows that...
CBIC Notifies Inclusion Of Gender Specific Infrastructure Facilities To Be Provided By Custodian
The Central Board of Indirect Taxes and Customs (CBIC) has notified the inclusion of gender specific infrastructure facilities to be provided by the Custodian CCSP-CFS/AFS/ICD under the Handling of Cargo in Customs Area Regulations (HCCAR) 2009.“The participation of women at the CFS/AFS/ICD has increased significantly through the different job roles and functions of trades in the recent...
CBDT Issues Guidelines For Priority Disposal Of Appeals
The Central Board of Direct Taxes (CBDT) has issued the guidelines for priority disposal of appeals by CsIT (A/AU)/Addl. Jt. CIT(A).The board has decided that the requests for disposal of appeals, covering genuine and exceptional circumstances, raised at the instance of the appellant or referred to by the Assessing Officer/Range Head, may be considered by the Pr.CCsIT/CCSIT/DGSIT on the basis...
Delhi High Court Directs GST Dept. To Pay 6% Interest For Delayed IGST Refund
The Delhi High Court has directed the GST department to pay 6% interest on delayed IGST refund.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that Section 56 of the CGST/DGST Act deals with the interest on delayed refunds. It provides that if any tax ordered to be refunded under sub-section (5) of Section 54 is not refunded within 60 days from the date of...