GST Exemption On Service Of Educating And Training Farmers Related To Agroforestry: Karnataka AAR

The Karnataka Authority of Advance Ruling (AAR) has ruled that the services of educating and training farmers with regard to agroforestry through scientific research and knowledge do not attract GST. The two-member bench of M.P. Ravi Prasad and T.Kiran Reddy has observed that the applicants, through their mara mitras, not only educate and train farmers with regard to agroforestry through scientific research and knowledge, but are also involved in hand holding the farmers from recording...

Application Under Companies Act Against Order Rejecting Waiver Of Interest; Dispute Falls Within Scope Of VSV Act: Delhi High Court

The Delhi High Court has ruled that where an application under the Companies Act has been filed by a company in liquidation against the order of the revenue authorities rejecting the application for waiver of interest for delay in payment of tax dues, the said dispute would fall within the scope of Direct Tax Vivad Se Vishwas Act, 2020 (VSV Act). The Bench consisting of Justices Mukta Gupta and Anish Dayal ruled that the VSV Act is not a taxing statute but one which provides a dispute...

Society Supplying Free Textbooks To Students Is Not "State Government": Karnataka AAR

The Karnataka Authority of Advance Ruling (AAR) has ruled that a society registered under the Karnataka Societies Act, 1960 and receiving grants from the Government of Karnataka for the supply of free textbooks to students cannot be considered as "State Government".The two-member bench of M.P. Ravi Prasad and T. Kiran Reddy has observed that the rate of tax being charged by the printers on the printing of textbooks supplied to the society is taxable at the rate of 18% GST. The ...

Failure Of Assessee To Explain Identity And Creditworthiness Of Creditors And Genuineness Of Transaction: ITAT Sustains Addition

The Allahabad Bench of the Income Tax Appellate Tribunal (ITAT) has sustained the addition as the assessee failed to explain the identity and creditworthiness of the creditors and the genuineness of the transaction.The two-member bench of Vijay Pal Rao (Judicial Member) and Ramit Kochar (Accountant Member) has observed that fresh deposits being advanced for land from members raised by the assessee were in the form of cash credits, which are recorded in the assessee's books of...

Interest Levied On Arrears Or Late Payment Of Customs Duty Allowable On Actual Payment Basis: ITAT

The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that customs duty is allowable only on a payment basis under section 43B of the Income Tax Act. The interest levied on arrears or late payment of customs duty is also allowable on an actual payment basis under section 43B. The two-member bench of George George K (Judicial Member) and Laxmi Prasad Sahu (Accountant Member) has directed the AO to verify the nature of the levy of interest on customs duty and decide the...

Description Of New Aluminium Section As Aluminium Scrap, Rajasthan High Court Upholds Detention Order

The Rajasthan High Court has held that, by no stretch of imagination, can brand new aluminium sections be placed on equivalence with aluminium scrap. The goods were fraudulently described as aluminium scrap.The division bench of Justice Sandeep Mehta and Justice Kuldeep Mathur has observed that the department was justified in detaining the petitioner's vehicle and the goods after noticing the blatant mis-description during interception. The petitioner has assailed the order by which ...

Cenvat Credit Of Service Tax Can Be Availed On Debit Notes: CESTAT

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has observed that the Cenvat credit of Service Tax can be availed on debit notes under the scheme of the Cenvat Credit Rules, 2004.The bench of P.K. Chaudhary (Judicial Member) has observed that an invoice issued by a provider of input service is a valid document for availment of Cenvat credit. The heading of the document, as seen from sample copies attached with the appeal paper book, though they are...

DGFT Amends Minimum Time Period For NFMIMS Registration

The Director General of Foreign Trade (DGFT)has amended the minimum registration time period of the Non-ferrous Metal Import Monitoring System (NFMIMS) under the Foreign Trade Policy 2015-2020 (FTP). As per the existing policy conditions, the NFMIMS shall require importers to submit advance information on an online system for the import of items and obtain an automatic registration number by paying a registration fee of Rs. 500. The importer may apply for registration no sooner than 60...

GST Not Payable on Services Provided To Horticulture Dept. for Cleaning Transportation of Garbage: AAR

The Karnataka Authority of Advance Ruling (AAR) has held that the GST is not payable on services provided to the horticulture department for cleaning and sweeping of lawns, garden path areas, segregation and transportation of garbage. The two-member bench of M.P. Ravi Prasad and T. Kiran Reddy has observed that GST is not payable on the services proposed to be provided to the Horticulture Department for the supply of manpower for garden maintenance on an outsourced basis to the...

15% Customs Duty On Display Assembly Of A Cellular Mobile Phone: CBIC

The Central Board of Indirect Taxes and Customs (CBIC) has notified a 15% Customs Duty on the display assembly of a cellular mobile phone.The Ministry of Electronics and Information Technology (MeitY) stated that if the display assembly of a cellular mobile phone comes merely with a back support frame of metal or plastic and no other additional items, then the assembly may be subjected to BCD as the display assembly of a cellular mobile phone at 10%. However, since the back support frame...

Allahabad High Court Imposes Cost Of Rs. 50000 For Arbitrary Cancellation of GST Registration

The Allahabad High Court has imposed a cost of Rs. 50,000 for the arbitrary cancellation of GST registration. The single bench of Justice Pankaj Bhatia observed that the arbitrary exercise of power to cancel the registration in the manner in which it has been done has adversely affected the petitioner. It has also had a negative impact on the revenues that could have flowed into the coffers of GST had the petitioner been allowed to conduct commercial activities. The actions were...

Cut/Sized Shade Trees Constitutes "Agricultural Produce", No Sales Tax Applicable: Madras High Court

The Madras High Court bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has held that the cut and sized shade trees would constitute "agricultural produce" and, therefore, fall outside the purview of the Tamil Nadu General Sales Tax Act, 1959 (TNGST Act, 1959).The issue raised was whether the sales of cut/sized Silver Oak grown as shade trees in the Tea Estates would constitute "agricultural produce" or sales of "firewood" or sales of "timber". The petitioner has challenged...