I-T-If assessee is carrying on business & has some undisclosed stock then same is taxable as undisclosed business income, it is cannot be held as undisclosed investment: ITAT

I-T-Additions framed are sustainable where assessee receives share capital and share premium but does not submit details to establish creditworthiness of creditors and genuieness of transaction : ITAT

I-T- As per settled law, invoking section 154 would be untenable when matter requires adjudication upon the issue which is debatable issue : ITAT

I-T- Where additions made in assessment order on basis of which penalty for concealment is levied, are deleted, there remains no basis at all for levying penalty for concealment : ITAT

GST - Providing of service by branch office in one State to head office in another State through employees who are common to the company constitutes supply; is taxable: AAR

GST - Composite supply of services by way of milling of wheat into flour (atta) to Food & Supplies Department for distribution of such flour under PDS is eligible for exemption: AAR

GST - Activity of selling alcoholic liquor for human consumption would be treated as 'non-taxable supply' - Applicant is required to reverse ITC attributable to such supply: AAR

GST - Supply for desilting of the foreshore of Prakasam Barrage is a composite supply of works contract involving predominantly earth work and is taxable @5%: AAR

2023-TIOL-68-AAR-GST

Profisolutions Pvt Ltd

GST - Branch office of the applicant is providing support services like engineering services, design services, accounting services, etc. to the Head Office at Bangalore and also registered in the State of Karnataka under GST Act - Applicant states that employees are appointed and working for the company as whole and not employed for head office or branch specifically, which is a distinct person under GST - Question on which an advance ruling is sought is - Whether providing service by branch office in one State to head office in another State through employees who are common to the company constitute supply of service in terms of Section 7 the Act, if so, whether such services attract GST liability?

Held: From a comprehensive reading of the statutory provisions of relevant Acts [Section 7(1)(c), Section 5(1) of IGST Act, 2017 , Schedule I(2) to CGST Act, 2017 , Section 25(4) of CGST Act, 2017 and Explanation to Section 15 of CGST Act, 2017 ], any supply of service between two registrations of the same person in the same State or in different States attract the provisions of Section 25 (4) and Section 7 read with Schedule I (2) and Section 15 - Even the services of employees deployed in a registered place of business to another registered premises of the same person will attract the provisions, as the employees are treated as related person in terms of explanation to Section 15 and treated as supply by virtue of Schedule I(2) to CGST Act, 2017 - Held, therefore, that Services, including the services of common employees of a person, provided by branch office to head office and vice versa, each having separate GST registration, will attract GST liability under respective Acts: AAR

- Application disposed of: AAR

2023-TIOL-67-AAR-GST

Jai Lokenath Flour Mills Pvt Ltd

GST - Value of supply shall be the consideration in money as well as non-cash consideration - Composite supply of services by way of milling of wheat into flour (atta) to Food & Supplies Department, Govt. of West Bengal for distribution of such flour under Public Distribution System is eligible for exemption under serial no. 3A of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017, as amended, since the value of goods involved in such composite supply does not exceed 25% of the value of supply: AAR

- Application disposed of: AAR

2023-TIOL-66-AAR-GST

Karnani Fnb Specialities LLP

GST - Reversal of tax charged on inward supplies which are altogether different from outward exempted supplies of alcoholic liquor for human consumption would no way lead to discharging of GST liability on outward supply - Activities of selling of alcoholic liquor for human consumption by the applicant would be treated as 'non-taxable supply' and, therefore, falls under the category of 'exempt supply' under the GST Act, the applicant is required to reverse input tax credit attributable to the exempt supply - Applicant is required to reverse input tax credit ('ITC') in terms of sub-section (2) of section 17 of the GST Act read with Rule 42 of the GST Rules for sale of alcoholic liquor for human consumption: AAR

- Application disposed of: AAR

2023-TIOL-65-AAR-GST

Reach Dredging Ltd

GST - Supply being undertaken by the applicant to the Water Resource Department, Government of Andhra Pradesh for desilting of the foreshore of Prakasam Barrage is a composite supply of works contract involving predominantly earth work and would be taxable @5% vide entry No. 3 (vii) of the Notification No. 39/2017- Integrated Tax (Rate) dated 13.10.2017 up to 17th July, 2022 and thereafter the supply would be taxable @ 12% vide Notification no. 03/2022 Integrated Tax (Rate) dated 13th July, 2022: AAR

- Application disposed of: AAR