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I-T - Excess of income over expenditure by itself is no reason to hold that charitable trust is not engaged in charitable activities: HC

I-T - Prior approval u/s 151 acts as safeguard against re-assessment in an arbitrary fashion & hence such approval must be granted with due application of mind & recording of reasons for upholding the same: HC

I-T - Sum of money incurred for earning profit from partnership firm which is already exempt u/s 10(2A) warrants no disallowance u/s 14A: ITAT

I-T - If objects of assessee are charitable in nature, and it is proposed to carry out its activities in accordance to objects, then CIT (E) cannot reject registration application u/s 12AA : ITAT

I-T - redemption of preference shares is a sale and is also a transfer by relinquishment of asset by shareholder and accordingly the same is taxable as capital gains: ITAT

I-T - Share application money by closely held company - nature and source of such sum to be explained: ITAT

I-T - If no inquiry nor hearing opportunity given, Sec 263 order is not valid: ITAT

GST - Services of supplying, operating and maintaining air-conditioned electrically operated buses is classifiable under TH 9966 and rate of tax is 12% (with ITC) or 5% (without ITC): AAR

GST - Dried and Polished Turmeric is not an 'Agriculture Produce' - classifiable under HSN 0910 30 20 and taxable @5%: AAR

GST - Services rendered by Applicant as a Commission Agent (in relation to supply of 'Turmeric') in APMC is taxable and not exempt in terms of Sl. No. 54 of 12/2017-CTR r/w Sl. No. 24 of 11/2017-CTR: AAR

GST - 'Rava Idli Mix' merits classification under HSN 2106 [and not under HSN 1106] and attracts 18% GST: AAR

GST - Vouchers [gift/cashback/electronic] traded by the Appellant are 'goods' and not actionable claims - Rate of tax is 18%: AAAR

2021-TIOL-304-AAR-GST

MH Ecolife E-Mobility Pvt Ltd

GST - Services provided by the applicant to NMMT under Agreement, by way of supplying, operating and maintaining air-conditioned electrically operated buses are taxable and subject to GST - Consideration charged by the Applicant under the contract is inclusive of all the charges including the cost of lithium ion batteries - Services are appropriately classifiable under Tariff Heading 9966 [renting of any motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient] and rate of tax is 12% (with availment of ITC) or 5% (without ITC) - Applicant is eligible to avail ITC of tax paid on procurement of input supplies used in supplying services to NMMT under the Agreement only when they pay tax @ of 12% on output service: AAR

- Application disposed of: AAR

2021-TIOL-303-AAR-GST

Nitin Bapusaheb Patil

GST - Dried and Polished Turmeric is not covered under the definition of 'Agriculture Produce' and is not exempted from GST; is classifiable under HSN 0910 30 20 and taxable @5% - Circular No. 16/16/2017-GST dated 15.11.2017 relied upon: AAR

GST - Applicant is a 'Commission Agent' in APMC, Sangli , Maharashtra and renders his services to the farmers in relation to the supply of 'Turmeric' (Whole Turmeric - Not in powder form) to traders in APMC, Sangli - Such services rendered by Applicant as a Commission Agent in APMC is taxable and not exempt in terms of Sl. No. 54 of 12/2017-CTR r/w Sl. No. 24 of 11/2017-CTR - Applicant is required to get himself registered under the Act, 2017: AAR

- Application disposed of: AAR

2021-TIOL-302-AAR-GST

Swastiks Masalas Pickles And Food Products Pvt Ltd

GST - "Rava Idli Mix" merits classification under tariff heading 2106 [and not under HSN 1106] and attracts 18% GST in terms of entry number 23 of Schedule-III to the Notification No. 01/2017-CTR: AAR

- Application disposed of: AAR

2021-TIOL-37-AAAR-GST

Premier Sales Promotion Pvt Ltd

GST - AAR has held that Supply of Vouchers [gift vouchers, cashback vouchers, e-vouchers] are taxable as "goods" and the time of supply would be governed by Section 12(5) of the CGST Act 2017; that the Rate of tax is 18% as per Entry No. 453 of Schedule 3 of Notification No. 1/2017-CTR - Aggrieved, appeal is filed against this order.

Held: The term 'immovable property' has also not been defined in the GST law but it is defined in Section 3(26) of the General Clause Act, 1897 as including land, benefits arising out of land, and things attached to the earth, or permanently fastened to anything attached to the earth - It is seen from the above, that any property other than immovable property is a movable property - The expression property is understood as things and rights which have a monetary value and being capable of transfer - In this case, the Appellant purchases the vouchers by paying a consideration to the issuer, the vouchers are also sold to the clients of the Appellant for a consideration - Authority finds from the invoices issued to the customers for the sale of the vouchers that the same have been sold at the face value of the vouchers - The vouchers have thus both a value and an ownership and the ownership gets transferred from the person who first purchases the voucher from the issuer to the ultimate beneficiary who redeems the voucher - Therefore, the vouchers qualify to be considered as movable property and hence are to be considered as 'goods' - Plea of the Appellants that the vouchers are akin to lottery tickets is not tenable - While the lottery tickets have no innate value, it is not so in the case of vouchers - Inasmuch as the vouchers have a definitive value and are traded for a consideration and the value of the voucher is the extent to which a beneficiary can claim possession of goods and/or services from the specified suppliers - Vouchers are, therefore, not the same as lottery tickets and are not actionable claims - Appellate authority is in complete agreement with the ruling given by the lower Authority on the aspect of value of the vouchers for the purpose of GST, the rate of tax and the time of supply of the vouchers by the Appellant - Since the Appellant is not the issuer of the voucher, the provisions of time of supply under Section 12(4) will not apply and the time of supply will be governed by the provisions of Section 12(5) of the CGST Act - Appeal dismissed: AAAR

- Appeal dismissed: AAAR

2021-TIOL-852-CESTAT-AHM

Shree Khedut Sahakari Khand Udyog Mandli Ltd Vs CCE & ST

CX - The appellant is in appeal against impugned order wherein, the demand has been confirmed at the rate of 5% of the value of exempted goods - The issue has been settled by Apex court in case of DSCL SUGAR LTD 2015-TIOL-240-SC-CX wherein it is held that the Rule 6 of Cenvat Credit Rules, 2004 is not applicable to the facts of the case - No demand under Rule 6(3) of Cenvat Credit Rules, 2004 is sustainable against the appellant - Therefore, the impugned order deserves no merit and hence is set aside: CESTAT

- Appeal allowed: AHMEDABAD CESTAT

2021-TIOL-851-CESTAT-MAD

Indian Shipping Services Vs CC

Cus - The appellant was issued a SCN under Regulation 17(1) of Customs Brokers Licensing Regulations, 2018 alleging that they had contravened various provisions of Customs Brokers Licensing Regulations - Appellant filed its detailed reply addressing the same to Inquiry Officer, but however, the Inquiry Officer, in his Inquiry Report, has extracted SCN to a large extent and appellant's reply - What is missing is the requirement under Regulation 17(3) whereby the Inquiry Officer was expected, in course of inquiry, inter alia , to take such oral evidence as may be relevant - This is because, as contended by appellant, no opportunity of being heard was ever extended to appellant by Inquiry Officer - Further, Regulation 17(4) gives the right of cross-examination to Customs Broker, but however, in the absence of any notice of hearing, even appellant stands deprived of said opportunity - The Inquiry Report has been submitted as an empty formality - Moreover, Inquiry Report has not been submitted as mandated under Regulation 17(5) - With regard to specific contravention of Regulation 10(q) ibid, appellant has given a plausible reply, which is taken note of in Inquiry Report, but however, Assistant Commissioner has not denied the bona fides of appellant - Impugned penalty has been imposed in a mechanical manner, which is not sustainable: CESTAT

- Appeal allowed: CHENNAI CESTAT