Memorandum Issued By The Government To Deduct 4% TDS Is Not Ultra Vires To Tripura Sales Tax Act: Supreme Court

The Supreme Court has held that the liability to pay the tax shall be on the transferor who transfers the right to use any goods as per proviso to Section 3(1) read with Section 2(b) and 2(g) of the Tripura Sales Tax Act (TST Act).The division bench of Justice M.R. Shah and Justice Krishna Murari has observed that Rule 3A(2) of the TST Rules and the memorandum issued by the Government to deduct the tax at 4% and the bills to be paid to the transferors cannot be said to be ultra vires to TST...

“Sikkimese” Is Only For The Purposes Of The Income-Tax Act, 1961, And Not For Any Other Purpose: CBDT Clarifies

The Central Board of Direct Taxes (CBDT) has clarified that the “Sikkimese” are defined only for the purposes of the Income-tax Act, 1961, and not for any other purpose.The amendment to section 10(26AAA) of the Income-tax Act, 1961 by the Finance Act, 2023 while following the decision of the Supreme Court in the case of Association of Old Settlers of Sikkim vs Union of India. The Apex court held that the exclusion of old Indian settlers, who have permanently settled in Sikkim prior to the merger...

Delhi High Court Quashes Service Tax Demand of Rs. 56.61 Crores Against MTNL

The Delhi High Court has quashed the service tax demand of Rs. 56.61 crores against Mahanagar Telephone Nigam Limited (MTNL).The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that MTNL had received the compensation during the financial year 2015-16, which was prior to May 14, 2016, i.e., the date on which the Finance Act, 2016, came into force and Clause (j) was introduced in Section 66E of the Act. Thus, the surrender of any right to use the spectrum by MTNL prior to the...

Breast Pump Is Not A Medical Device, Classifiable Under CTH 39269090: CESTAT

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that breast pumps have nothing to do with any medical or surgical procedures and are not used by any medical practitioner.The two-member bench of Binu Tamta (Judicial Member) and P V Subba Rao (Technical Member) has observed that the manual breast pumps are classifiable under CTH 39269090.The appellant/assessee filed a Bill of Entry for the import of 3040 pieces of "Manual Breast Pump, Electric Breast...

Supply Of Prepackaged And Labelled Rice Upto 25 Kgs, To The Factory Of Exporter Attracts 5% GST: Haryana AAR

The Haryana Authority of Advance Ruling (AAR) has held that 5% GST is applicable on supplies of prepackaged and labeled rice up to 25 kg to the factory of the exporter.The two-member bench of Sunder Lal and Kumud Singh has observed that the legislature's intention is that the supply of rice in packets of up to 25 kg, which are duly pre-packaged and labelled as per the Legal Metrology Act, 2009, and the rules made thereunder, is a taxable event and it’s not an exempted or nil-rated supply.The...

Services Provided By EY India To Overseas EY Entities Not “Intermediary Services”: Delhi High Court Directs IGST Refund To EY India

The Delhi High Court has ruled that the services provided by M/s Ernst and Young Limited (India), the Indian Branch Office of UK based company, M/s Ernst & Young Limited (E&Y Ltd), to overseas EY Entities, is not an “intermediary service”. The Court thus set aside the orders passed by the GST Authorities where it had rejected Ernst and Young’s application seeking refund of input tax credit (ITC) with respect to the services exported by it, on the ground that it was an...

Different Amount Mentioned In Tax Invoice And E-Way Bill: Orissa High Court Orders Issuance Of Fresh Assessment Order

The Orissa High Court has held that the different amounts mentioned in the tax invoice and e-Way Bill indicate a palpable error in the waybill, which may be construed as a human error.The bench of Justice B.R. Sarangi and Justice M.S. Raman quashed the assessment order and remitted the matter back to the assessing authority for reconsideration in accordance with the law.The petitioner/assessee has sought the direction to set aside the demand and Form GST DRC-07, to quash the attachment of the...

CBDT Notifies Income Tax Exemption To Bhadohi Industrial Development Authority

The Central Board of Direct Taxes (CBDT) has notified income tax exemption to Bhadohi Industrial Development Authority.The Bhadohi Industrial Development Authority is an authority constituted by the state government of Uttar Pradesh.The exemption is granted in respect of money received from the disposal of land or 90-year lease of immovable properties; money received by the way of lease rent and fees or any other charges from the disposal or 90-year lease of immovable properties; the amount of...

Tax Cases Weekly Round Up: 26 March To 1 April, 2023

Supreme Court Income Tax Act - Date Of Panchnama Last Drawn Starting Point Of Limitation For Completing Block Assessment Proceedings: Supreme Court Case Title: Anil Minda and Others Versus Commissioner of Income Tax Citation: 2023 LiveLaw (SC) 246 The Supreme Court has held that the date on which the Panchnama was last drawn is the starting point of the two-year limitation for completing the block assessment proceedings under the Income Tax Act 1961. Central Excise Act - To...

CBIC Amends The Rules Related To Biometric-Based Aadhaar Authentication And Risk-Based Physical Verification For GST Registration

The Central Board Of Indirect Taxes and Customs (CBIC) has amended the rules related to Aadhar Authentication and Biometric Verification Rules.The Board has notified the Central Goods and Services Tax (Amendment) Rules, 2023 which shall be effective from 26th December 2022.The Board has substituted Rule 8(4A) of the CGST Act, 2017.The date of submission of the application in cases shall be the date of authentication of the Aadhaar number, or fifteen days from the submission of the application in...

CBIC Waives Late Fees In Case Of FORM GSTR-4 For The Periods From July-2017 Till FY 2021-22

The Central Board Of Indirect Taxes and Customs (CBIC) has waived the late fees in the case of FORM GSTR-4 for the periods from July-2017 to FY 2021-22 where the total amount of central tax payable in the return is nil.The Central Government amended Notification No. 73/2017 dated the 29th December 2017. The notification relates to the extension waiver of the late fee for delay in filing FORM GSTR-4 till 28 July 2022.“Provided also that the amount of late fee payable under section 47 of the said...

CBIC Notifies Special Procedure In Respect Of Revocation Of Cancellation Of Registration

The Central Board Of Indirect Taxes and Customs (CBIC) has notified the special procedure in respect of the revocation of cancellation of registration.The Board has notified the special procedure in respect of the registered person, whose registration has been cancelled on or before the 31st December 2022, and who has failed to apply for revocation of cancellation of registration within the time period as the class of registered persons.The registered person may apply for revocation of...