Supply Of Bed Rolls Kits Amounts To Supplying Services To IRCTC, Chargeable To Service Tax: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the supply of bedroll kits to passengers of air-conditioned classes and other classes on behalf of IRCTC attracts service tax.The two-member bench of Ramesh Nair (Judicial Member) and P.Anjani Kumar (Technical Member) observed that the supply of bedroll kits to passengers for and on behalf of IRCTC is in the nature of a "customer care service". Therefore, the services are appropriately...

Delhi High Court Orders To De-seal Business Premises, Directs Assessee To Produce Documents

The Delhi High Court bench of Justice Rajiv Shakdher and Justice Poonam S. Bamba has ordered the department to de-seal business premises and directed the assessee to produce documents.The department has sealed the business premises of the petitioner under Section 67 (4) of the Central Goods and Service Tax, 2017 for the want of documents. As per Section 67 (4) of the Central Goods and Service Tax, 2017, the officer authorised shall have the power to seal or break open the door of any...

DGFT Amends Guidelines Of ANF-4F Under FTP To Ease The Procedure And Minimise The Compliance Burden

The Directorate General of Foreign Trade (DGFT) has amended the guidelines of ANF-4F under FTP to ease the procedure and minimise the compliance burden for applying an Export Obligation Discharge Certificate (EODC) in the case of deemed exports. The Director General of Foreign Trade has amended paragraph 2 (b)(i) of the Guidelines for Applicants under ANF-4F of the Handbook of Procedures 2015-2020. The guidelines' paragraph 2(b)(i) addresses deemed exports. The DGFT notified that ...

Kerala GST Dept. Invites Application From Traders To Avail Benefits Of Amnesty Scheme

The Kerala GST Department announced an amnesty scheme in 2022 to pay unpaid tax debts from before the implementation of GST. The amnesty programme will apply to all pending tax arrears, including instances under appeal (except arrears under KGST from 2005 onwards). The policy would apply to outstanding amounts owed under different statutes, including the Kerala Value Added Tax Act, the Central Sales Tax Act, the Tax on Luxuries Act, the Kerala Surcharges Act, the Kerala Agriculture...

Gujarat High Court Quashes Non-Speaking And Vague GST Cancellation Order

The Gujarat High Court bench of Justice J.B. Pardiwala as he then was and Justice Nisha M. Thakore has quashed the GST cancellation order as it was non-speaking and vague. The writ applicant/assessee is registered under the Gujarat Goods and Service Tax Act, 2017. A show cause notice was issued by the State Tax Officer on Form GST REG-17/31 under Section 29 of the CGST Act, 2017 read with Rule 22(1) of the CGST Rules, 2017. The show cause notice stated that registration was liable to ...

No Reason To Believe That Input Tax Credit Is Fraudulently Availed: Punjab & Haryana High Court

The Punjab and Haryana High Court bench of Justices Tejinder Singh Dhindsa and Pankaj Jain has held that there should be reason to believe that the input tax credit available in the Electronic Credit Ledger was obtained fraudulently or that the assesses are ineligible. The relevant officer must record the reasons, and a speaking order must be issued. The petitioner/assessee is a public limited company, engaged in the manufacturing of copper wire rod and submersible winding wire. As per ...

Delayed Audit Report Due To the Delay By Statutory Auditors: ITAT Deletes Penalty

The Cuttack Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the penalty where the assessee has sufficient and reasonable cause for delay in obtaining the audit report. The two-member bench of George Mathan (Judicial Member) and Arun Khodpia (Accountant Member) has observed that the delay in submitting the audit report was on account of a delay in obtaining the audit report from the statutory auditors. The statutory auditors are appointed by the Registrar of Co-operative...

GST Payable On Receipt Of Gratuitous Payment From Outgoing Member: AAR

The Maharashtra Authority of Advance Ruling (AAR) consisting of T.R. Ramnani and Rajiv Magoo has ruled that GST is payable on receipt of gratuitous payment from outgoing members. The applicant is a co-operative housing society registered under the Maharashtra Co-operative Housing Society Act (MCHS Act) having 48 flats which charges its members maintenance charges as per flat towards maintenance and upkeep of its premises. When there is a transfer of a flat, the outgoing member...

Society Receiving Grant From Foreign Entity Can't Be Denied Section 12A Registration: ITAT

The Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) consisting of K.Narasimha Chary (Judicial Member) and Bhagirath Mal Biyani (Accountant Member) has ruled that the society receiving grant from foreign entity cannot be denied the registration under Section 12A of the Income Tax Act. The assessee/appellant is a society named "Share India". On 11.02.2019, the assessee filed an application on Form No. 10A to the CIT (E) for a grant of registration under section 12A of the Income...

DGFT Relaxes Provision Of 'Bill Of Export' Submission For Supplies Made To The SEZ Units

The Directorate General of Foreign Trade (DGFT) has relaxed the provision of the submission of a "Bill Of Export" for supplies made to the SEZ units in case of Advance Authorisation (AA). One of the documentary criteria outlined in the 'Guidelines for Applicants' section of ANF-4F (Application for Redemption) for supplies supplied to SEZ units under Advance Authorisation. The requirement specifies "EP copy of the shipping bill(s) including details of the cargo effected or bill of export...

Loss From Trading In Commodity Derivatives Non-Speculative In Nature, Can Be Set Off Against Regular Business Income: ITAT Lucknow

The Lucknow Bench of ITAT has ruled that trading in commodity derivatives, that satisfies the requirements of Clause (e) of the first proviso to Section 43 (5) of the ITAT, 1961, is non-speculative in nature, and thus the loss arising from it can be set off against the regular business income. The Bench, consisting of A.D. Jain (Vice President) and T.S. Kapoor (Accountant Member), held that there is no bar of expertise required for trading in commodity derivatives and that Clause (e) of...

Export Entitlements And Duty Drawback Of Promotion Scheme Is An Income Assessable Under "Profits Or Gains From Business Or Profession": ITAT

The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the export entitlements and the duty drawback of the promotion scheme are an income assessable under the head "profits or gains from business or profession" as per clauses (iiib) and (iiid) of section 28 of the Income Tax Act, 1961. The two-member bench of Duvvuru Rl Reddy (Judicial Member) and S. Balakrishnan (Accountant Member) concluded that the authorities below failed to appreciate the legislative...