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2023-TIOL-NEWS-078 Part 2 | April 05, 2023
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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. |
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TIOL AWARDS |
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INCOME TAX |
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2023-TIOL-394-ITAT-JABALPUR
Vishal Jeswani Vs ITO
Whether proviso to section 49 of Registration Act, 1908, casts an exception for an unregistered document being received in evidence of a contract in a suit for specific performance under Specific Relief Act, 1877 - YES: ITAT
Whether proviso to section 56(2)(vii) qua stamp value as on date of agreement, though preceded by payment of part consideration by cheque, cannot be given effect to - YES: ITAT
- Assessee's appeal dismissed: JABALPUR ITAT
2023-TIOL-393-ITAT-KOL
Beni Prasad Lahoti Vs DCIT
Whether assessee can be visited with penalty, unless money, jewellery or asset found during course of search represented extra income disclosed by assessee in response to section 153A, vis-a-vis income filed u/s 139(1) - NO: ITAT
- Assessee's appeal allowed: KOLKATA ITAT
2023-TIOL-392-ITAT-AHM
Sterling Addlife India Pvt Ltd Vs Pr.CIT
Whether assessment order cannot be treated as erroneous, merely because no inquiry was conducted by AO - YES: ITAT
- Assessee's appeal allowed: AHMEDABAD ITAT
2023-TIOL-391-ITAT-CHD
Kanta Rani Vs Pr.CIT
Whether where assessee has duly disclosed availability of cash-in-hand at beginning of year and well before demonetization period, then same cannot be treated as unexplained - YES: ITAT
- Assessee's appeal allowed: CHANDIGARH ITAT
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TODAY'S CASE (INDIRECT TAX) |
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INDIRECT TAX |
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2023-TIOL-09-AAAR-GST
Puranik Builders Ltd
GST - Apart from consideration for the main construction activity, the Appellant collects various other charges (electric meter installation and security deposit charges, water connection charges, municipal taxes, advance maintenance, club house maintenance, development charges, share money, application fee, entrance fee, formation of society charges, infrastructure charges, legal fees) from their customers at the time of entering into the Agreement and/or giving possession of residential apartments - Such charges are collected under the Agreement itself with their respective amounts separately identified - Appellant has been collecting and discharging GST at the rate of 18% on the Other charges collected, however, they believed that if the supplies are treated as composite supplies, the amounts pertaining to the other charges will be added in the total value of construction services and the 1/3rd deduction from total value will be applied - They had approached AAR for a ruling and the AAR vide its order dated 27th August 2021 held that "Other Charges” received will not be treated as consideration for construction services supplied and is not classified under SAC 9954 along with the main residential construction services; that the 'Other charges' will be treated as consideration received against supply of independent service(s) of the respective heads and the Applicable rate of GST in respect of such charges/services would be @18% as per 11/2017-CTR ; that the Applicant has to pay GST on the entire consideration without any abatement - Aggrieved, the present appeal has been filed.
Held: In the facts and circumstances of the case, the "Other charges" which are inextricably linked to services by way of construction of residential apartment [viz. water connection charges, electric meter installation and deposit for meter, development charges, legal fees] are part of a bundled service with principal service being of construction of residential apartment - The rate of tax applicable on such services would be 12% as applicable to the construction service - The other charges [viz. club house maintenance, advance maintenance, share of municipal taxes, formation and registration of organisation and legal charges, share money, application and entrance fee and infrastructure charges] that don't pass the muster of indicators of a bundled service are held as supply of independent services and which are to be taxed as per the respective SAC codes and rate of tax thereon - As the appellant has collected 18% of GST, in respect of services which are allowed as bundled services, the present decision implies an excess collection of tax - Appellant to refund the excess tax collected to the customers - Appeal is partly allowed: AAAR
- Appeal partly allowed: AAAR |
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NEWS FLASH |
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TOP NEWS |
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ORDER |
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Order No 27/2023
Six CBIC officers promoted as Chief Commissioner
Order No 28/2023
24 CBIC officers promoted as Pr Commissioner
Order No 35/2023
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Order 80/2023
Promotion of Officers to the grade of Principal Chief Commissioner of Income Tax
Order 78/2023
Transfer/Posting (Local Changes) of the officers in the grade of Deputy Commissioner/Assistant Commissioner of Income Tax Order 77/2023
Posting of Assistant Commissioners of Income Tax after completion of training at NADT Order 76/2023
Additional charges arrangement in the grade of Pr. CCslT / Pr. DGsIT / CCsIT / DGsIT |
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TIOL PRIVATE LIMITED.
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