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2023-TIOL-NEWS-014 Part 2 | January 17, 2023

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TIOL AWARDS

 
INCOME TAX

2023-TIOL-73-HC-ORISSA-IT

CIT Vs Sikhya O Anusandhan

On appeal, the High Court observes that the ITAT concurred with the findings of the CIT (A), being based on various decisions of the Supreme Court of India. Hence this Court finds that the Revenue cannot take advantage of the changed legal position as a result of the Apex Court's judgement in New Noble Educational Society . Thus the findings of the ITAT do not warrant any interference with.

- Revenue's appeal dismissed: ORISSA HIGH COURT

2023-TIOL-72-HC-DEL-IT

Pr.CIT Vs Nilgiri Financial Consultants Ltd

Whether assessee can claim deduction on account of bad debts if the bads debts were duly accounted for and they were written off in the accounts of the assessee - YES: HC

- Revenue's appeal dismissed: DELHI HIGH COURT

2023-TIOL-71-HC-DEL-IT

Celerity Infrastructure Pvt Ltd Vs DCIT

In writ, the High Court observes that the material based on which SCN u/s 148A was issued, was not shared with the assessee, and the AO too was unsure whether the information was supplied partially or fully. The Court further observes that the SCN was issued in the name of a non-existent entity, considering the assessee had merged with another firm. Hence the SCN and the order are set aside for de novo proceedings.

- Writ Petition disposed: DELHI HIGH COURT

2023-TIOL-70-HC-DEL-IT

Bharat Agro Overseas India Vs ACIT

In writ, the High Court observes that the material based on which SCN u/s 148A was issued, was not shared with the assessee, and the AO too was unsure whether the information was supplied partially or fully. The Court further observes that the SCN was issued in the name of a non-existent entity, considering the assessee had merged with another firm. Hence the SCN and the order are set aside for de novo proceedings.

- Writ petition allowed: DELHI HIGH COURT

 
TODAY'S CASE (INDIRECT TAX)

GST - Activity of Afforestation [plantation of mangrove] is a charitable activity - exempted, if entity is registered u/s 12AA of the Income-tax Act: AAR

GST - No clarity on activity proposed to be carried out and insufficient documents submitted - Authority cannot pronounce any ruling - Application not maintainable: AAR

GST - Insufficient documents submitted by applicant while seeking advance ruling - AAR cannot pronounce a ruling - Application not maintainable: AAR

GST - Readily available food and beverages (not prepared in restaurant) and sold over the counter does not qualify as restaurant services: AAR

GST - Supply of Pencil Sharpener along with Pencils is 'Mixed Supply': AAR

 
GST CASE

2023-TIOL-09-AAR-GST

Vikas Centre For Development

GST - Activity of Afforestation [plantation of mangrove] carried out by applicant as charitable organization is exempted from GST under Sr. No.1 of Notification No. 12/2017-CT (Rate) if organization is registered under ( i ) Section 12AA of Income Tax Act (ii) Public Charitable Trust under Bombay Public Trusts Act, 1950 (iii) Charity Commissioner : Trust Registration no. E3183, Ahmedabad dated 04/01/1978 - applicant is not required to be get registered under GST if he fulfils all the conditions as mentioned above: AAR

- Application disposed of: AAR

2023-TIOL-08-AAR-GST

Universal Industrial Park

GST - In absence of specific activities proposed to be carried out by the applicant and lack of sufficient documents, the application does not have any locus standi - AAR is not in position to pronounce the Ruling on the application filed by the applicant - Therefore, application filed for Advance Ruling is dismissed as not maintainable: AAR

- Application dismissed: AAR

2023-TIOL-07-AAR-GST

Shivam Deveopers

GST - Applicant has not submitted sufficient documents to decide the Ruling on the question sought for, therefore, Authority is not inclined to pronounce the Ruling in absence of proper documents – Authority is of the view that the ruling can be pronounced on the basis of proper documents in support of the questions and not on simple facts and assumptions - Application is not maintainable: AAR

- Application rejected: AAR

2023-TIOL-06-AAR-GST

Ridhi Enterprise

GST - Readily available food and beverages (not prepared in the restaurant) and sold over the counter by the Applicant does not qualify as restaurant services; is supply of goods which is liable to applicable rate of GST Tax: AAR GST - Food and beverages prepared and supplied by the Applicant to its customers, whether consumed in the restaurant or by way of take-away qualifies as 'restaurant services' and is classifiable under SAC 996331; attracts tax @5% with no ITC: AAR

- Application disposed of: AAR

2023-TIOL-05-AAR-GST

Doms Industries Pvt Ltd

GST - Supply of Pencil Sharpener along with Pencils is covered under the category of "Mixed Supply" - Applicant is required to use the HSN code of the particular supply which attracts higher rate of tax among all the taxable supplies contained in a pack/box: AAR

- Application disposed of: AAR

 

 

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NEWS FLASH
 

India backs IMF debt-restructuring for Lanka

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PUBLICE NOTICE
 

dgft22pn051

Amendments in Para 2.79A of Handbook of Procedures for issue of export authorization for "Stock and Sale" of SCOMET items

Trade Notice 25

Streamlining of Halal Certification Process for Meat and Meat Products

 
TOP NEWS
 

Health Minister reiterates India's philosophy of Health as a Seva at Davos

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