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2023-TIOL-NEWS-092 Part 2 | April 21, 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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INCOME TAX |
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Suresh Chand Tyagi Vs ITO
Whether non compliance in response to the notice issued to assessee u/s 142 warrants imposition of penalty on assessee - YES: ITAT
- Assessee's appeal dismissed: DELHI ITAT
Whether ITAT should interfere in matters where the AO and CIT(A) have provided detailed well reasoned orders - NO: ITAT
- Assessee's appeal dismissed: KOLKATA ITAT
Whether when the order passed u/s 263 of the Act has been cancelled by the Tribunal, consequently, the order u/s 143(3) r.w.s 263 becomes infructuous -YES: ITAT
- Assessee's appeal allowed: BANGALORE ITAT
Whether the intent of the assessee to enter into into a gift transaction to ensure that the assessee has only one self-occupied property in his books and can claim exemption u/s 54 of the Act without alienating himself from the property gifted, can be termed a colourable device - YES: ITAT
- Assessee's appeal dismissed: HYDERABAD ITAT
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TODAY'S CASE (INDIRECT TAX) |
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GST CASE |
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2023-TIOL-57-AAR-GST
KTV Health Food Pvt Ltd
GST - Application has sought for determination of the correct classification of lamp oil - Applicant has further informed that they are also making a preparation which is a mixture of edible oils viz. Rice bran oil, coconut oil, Illupai oil, castor oil and gingery oil with perfumery material and which is marketed with trade name ‘Deepa Jyothi Lamp oil' and which is taxed at 12% under TH 15.18 - Furthermore, they now propose to introduce another product viz. RBD Palmolein (refined bleached deodorised palmolein) as ‘lamp oil' [Mahara Jyothi] which is of edible grade as such without being mixed with any other oils and perfumery material - Applicant seeks classification of this ‘lamp oil' which is used for lighting lamp in prayer hall/Pooja room - Applicant has stated that the process of manufacture of Mahara Jyothi is the same as the process of manufacture of their edible RBD Palmolein which is branded as "Roobini"; that no additives are added for Mahara Jyothi and the packing of Mahara Jyothi is affixed with FSSAI license number used for Roobini Refined Palmolein as the manufacturing process is same for both the products; that the only difference is that Roobini edible RBD Palmolein is marketed as cooking oil while Mahara Jyothi edible RBD Palmolein is marketed as lamp oil - However, in Mahara Jyothi, no perfumes or other additives are added and Mahara Jyothi continues to be edible RBD Palmolein.
Held: From the photograph submitted by the applicant, it is observed that one side of pouch of Mahara Jyothi has the words "Refined Palmolein" and “Edible Vegetable Oil" with the description of contents and FSSAI license number - The other side contains the pictorial representation of Mahara Jyothi along with the package batch number, MRP amount and packed date etc. - Hence, from the submissions of the applicant it is evident that Mahara Jyothi is nothing but edible RBD Palmolein - Though the Mahara Jyothi is marketed as lamp oil, classification can be done only as per the contents of the item and not as per the end use, unless it is specifically mentioned so - Therefore, as per the provisions of Chapter 15 of the CTA, RBD Palmolein Oil is covered under tariff heading 1511 90 20 - Mahara Jyothi oil, which is an edible RBD Palmolein without any additives or mixture of other oils, is classifiable under 1511 90 20, @5%, Sl. no.83 of 01/2017-CTR: AAR
- Application disposed of: AAR |
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TIOL PRIVATE LIMITED.
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