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2023-TIOL-NEWS-140 Part 2 | June 16, 2023

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INCOME TAX

2023-TIOL-758-ITAT-MUM

Diva Exports Pvt Ltd Vs DCIT

Whether if expenditure incurred for any purpose which is offence or which is prohibited by any law for the time being enforced in India or outside India shall not be allowable - YES : ITAT

- Matter remanded: MUMBAI ITAT

2023-TIOL-757-ITAT-JAIPUR

Suraj Kanvar Vs ITO

Whether it is fit case for remand where AO frames additions without considering relevant facts & where such findings are further upheld by the CIT (A) without considering the matter on merits - YES: ITAT

- Matter remanded: JAIPUR ITAT

2023-TIOL-756-ITAT-JAIPUR

Credai Rajasthan Vs ITO

Whether ITAT should allow the appeal of the assessee when the facts of the case demand verification on the part of the AO -YES: ITAT

- Assessee's appeal allowed: JAIPUR ITAT

 
TODAY'S CASE (INDIRECT TAX)

GST - No Appellate Tribunal constituted as yet - Petitioner to deposit entire tax demand - Rest of the demand shall remain stayed: HC

GST - Supply of medicines and chemotherapy for cancer in-patients is a composite supply - Principal supply is healthcare service and which is exempted: AAR

GST - Services rendered under contract with SUDA is a pure service and exempted: AAR

 
INDIRECT TAX

2023-TIOL-674-HC-ORISSA-GST

Nilamadhaba Enterprises Vs CT & GST

GST - Petitioner challenges the first appellate order passed by Jt. Commissioner of State Tax(Appeal) - It is contended that the petitioner has already deposited 10% of the demanded tax amount before the first appellate authority and as there is no second appellate forum, this Court should entertain this writ petition.

Held: Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet been constituted, as an interim measure, subject to the Petitioner depositing entire tax demand within a period of fifteen days from today, the rest of the demand shall remain stayed during the pendency of the writ petition - Petition is disposed of: High Court [para 8, 9]

- Petition disposed of: ORISSA HIGH COURT

2023-TIOL-85-AAR-GST

Innovations Mediresearch Pvt Ltd

GST - Applicant is providing treatment to the patients suffering from Cancer -  Supply of medicines and other procedures such as chemotherapy during treatment of in-patients admitted to hospital is a composite supply - Principal supply is healthcare services falling under SAC 999311, which is exempted as per entry at SI. No. 74 of Notification No. 12/2017 Central Tax(R): AAR

- Application disposed of: AAR

2023-TIOL-84-AAR-GST

Rudrabhishek Enterprises Ltd

GST -  Services rendered under the contract with State Urban Development Agency, Uttar Pradesh (SUDA) and for PMAY-U are in relation to functions entrusted to Municipalities under Article 243W and to Panchayats under Article 243G of the Constitution of India - Such services would qualify as Pure Service (excluding works contract service or other composite supplies involving supply of any goods) and accordingly exempt from the payment of GST duly covered in Sl. No 3 of Notification No. 12/2017-CTR  issued under Central Goods and Services Tax Act, 2017  and corresponding notifications issued under Uttar Pradesh Goods and Services Tax Act, 2017 : AAR

- Application disposed of: AAR

 

 

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NEWS FLASH

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TOP NEWS
 

NHAI takes initiative for rectification of accidents spots

Nehru Memorial renamed as Prime Ministers' Museum and Library Society

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CIRCULAR
 

cuscir17_2023

Simplified regulatory framework for e-commerce exports of Jewellery through Courier mode

GUEST COLUMN
 

By Ajay K Chhabra

Advisory on time limit for reporting invoices on IRP Portal

ANY newly introduced tax law typically takes years to stabilise and is supplemented by various departmental Circulars and decision by courts of law before it is well understood by taxpayers...

By Yogendra Aldak, Pranav Mundra,& Bhavya Shukla,

Group insolvency in Indian insolvency regime

THE law on corporate insolvency resolution process ('CIRP') in India, is majorly focused on the resolution of single entity rather than a group of entities...

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