Like TIOL on Facebook Follow TIOL on TwitterSubscriber TIOL on YouTube

2023-TIOL-NEWS-032 Part 2 | February 08, 2023

Dear Member,

Sending following links.

Warm Regards,
TIOL Content Team


TIOL PRIVATE LIMITED.

For assistance please call us at + 91 7838594749 or email us at helpdesk@tiol.in.
TIOL Mail Update
 
TODAY'S CASE (DIRECT TAX)

I-T - Charitable societies can engage themselves in commercial activity or profit, only if receipts from such activities do not exceed quantitative limit of overall receipts earned in given year: SC

 
INCOME TAX

2023-TIOL-12-SC-IT

Pr.CIT Vs Servants Of People Society

Whether GPU charities can engage themselves in commercial activity or profit, only if receipts from such activities do not exceed quantitative limit of overall receipts earned in given year - YES: SC

- Case remanded: SUPREME COURT OF INDIA

2023-TIOL-151-ITAT-MUM

Specialty Papers Ltd Vs DCIT

Whether entire assessment proceedings framed u/s 144 is vitiated, in absence of notice issued u/s 143(2) r/w/s 153C r/w/s 153A, particularly when addition made is not based on seized material - YES: ITAT

- Assessee's appeals allowed: MUMBAI ITAT

2023-TIOL-150-ITAT-MUM

Late Shri Nazmin Jamal Vs ITO

Whether re-assessment order passed on account of undisclosed investment, can be sustained when framed without enabling assessee to cross examine relevant witnesses whose statement was relied on to pass order, resulting in contravention of Rules of Natural Justice - NO: ITAT

- Appeal allowed: MUMBAI ITAT

2023-TIOL-149-ITAT-DEL

Shivani Madan Vs ACIT

Whether when husband and wife purchased equal shares, then Revenue is justified in bringing to tax 50% of income from house property in hands of wife - YES: ITAT

- Assessee's appeal dismissed: DELHI ITAT

2023-TIOL-148-ITAT-KOL

Sushil Kumar Paul Vs ACIT

Whether no order imposing penalty u/s 271AAB shall be made unless assessee has been heard, or has been given reasonable opportunity of being heard by issuing valid notice u/s 274 - YES: ITAT

- Assessee's appeal partly allowed: KOLKATA ITAT

 
TODAY'S CASE (INDIRECT TAX)

GST - UP Jal Nigam is not a 'local authority' but a 'governmental authority' - Supply of Services by the Applicant to UPJN attracts tax @18%: AAR

GST - Question as to what will be GST consequences if applicant purchased goods from unregistered and composition dealers is not an issue covered u/s 97(2), hence unanswered: AAR

GST - All types of jaggery which are pre-packaged and labelled attract GST @5%: AAR

GST - Applicant's motto to find out whether the mechanism opted by him for payment of tax is right or wrong is against the spirit of Advance Ruling and can only be decided by competent authority: AAR

 
GST CASE

2023-TIOL-20-AAR-GST

Indian Hume Pipe Company Ltd

GST - UP Jal Nigam is not a ‘local authority' but a governmental authority - Supply of Services by the Applicant to M/s. UTTAR PRADESH JAL NIGAM is not covered by Notification No. 15/2021 -Central Tax (Rate), dated 18th November, 2021 r/w. Notification No. 22/2021 - Central Tax (Rate) - Rate of tax is @18%: AAR

- Application disposed of: AAR

2023-TIOL-19-AAR-GST

Meat Mart

GST - Since the Applicant is involved in the supply of both taxable and exempted supplies, the Applicant has to avail the input tax credit proportionately in terms of section 16, 17 of CGST Act 2017 read with Rule 42 of CGST Rules 2017; wherein the procedure to be followed is clearly mentioned - Insofar as the question as to what will be the GST consequences if the applicant purchased goods from unregistered and composition dealers, the same cannot be answered as it is not an issue referred to in section 97(2) of CGST Act 2017 - AAR refrains from giving any ruling on this question: AAR

- Application disposed of: AAR

2023-TIOL-18-AAR-GST

Prakash And Company

GST - All types of jaggery, pre-packaged and labeled are covered under S. No. 91A of Notification No. 1/2017 Central Tax (Rate) and are exigible to GST at 5%: AAR

- Application disposed of: AAR

2023-TIOL-17-AAR-GST

SPML Infra Ltd

GST - Applicant has filed application before the Rajasthan Authority for Advance Ruling (RAAR) on 11.03.2022 i.e. much later from the execution of contract i.e. July 2017 – It appears that the applicant's motto is to find out whether the mechanism opted by him for payment of GST on said service is right or wrong, which is against the spirit of Advance Ruling and can only be decided by the competent authority as per transactions that have taken place, GST paid and GST returns submitted by applicant from time to time - it is very much clear that the scope of the ruling for Authority for Advance Ruling (AAR) is limited to the transactions being undertaken or proposed to be undertaken on the matters which are not sorted out - Case is out of the purview of the Advance Ruling, therefore, the application is rejected as not maintainable: AAR

- Application rejected: AAR

 

 

Download on the App Store
Get it on Google play

 


NEWS FLASH
 

Quake-ravaged Turkey & Syria report over 11000 deaths thus far

PM says Middle Class was overlooked earlier but not during NDA regimes

RBI to experiment with QR-code based vending machines for coins in 12 cities

RBI takes another cue from Fed; hikes repo rate by 25 bps

TCS clinches USD 723 mn contract from UK-based Phoenix Group

 
TOP NEWS
 

Govt seeks inputs for Draft Scheme to settle disputes

India exported IT Services worth USD 178 bn in 2021

HRD Ministry asks CAG for Special Audit of PM Poshan Scheme in West Bengal

63 STPI Centres set up by States besides 22 by Centre: MoS

 
NOTIFICATION
 

dgft22not056

Addition of Gemological Science International (GSI) Pvt. Ltd., Mumbai, Maharashtra, India in Para 4.42 of Foreign Trade Policy (2015-20)

dgft22not055

Alignment of RoDTEP Schedule for chapter 28, 29, 30 & 73 with First Schedule of the Customs Tariff Act, 1975

 
TIOL PRIVATE LIMITED.
TIOL HOUSE, 490, Udyog Vihar, Phase - V,
Gurgaon, Haryana - 122001, INDIA
Web: https://taxindiaonline.com
Email: updates@tiol.in
__________________________________
CONFIDENTIALITY/PROPRIETARY NOTE.
The Document accompanying this electronic transmission contains information from TIOL PRIVATE LIMITED., which is confidential, proprietary or copyrighted and is intended solely for the use of the individual or entity named on this transmission. If you are not the intended recipient, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This prohibition includes, without limitation, displaying this transmission or any portion thereof, on any public bulletin board. If you are not the intended recipient of this document, please return this document to TIOL PRIVATE LIMITED. immediately