Occupation Health Check-Up Service By The Hospital Are Health Care Services, No GST Payable: AAAR

The Gujarat Appellate Authority of Advance Ruling (AAAR) consisting of Seema Arora and Milind Torawane has ruled that no GST is payable on the occupational health check-up service by the hospital as it was covered under health care services. The appellant, M/s. Baroda Medicare Private Limited, is running 3 multi- specialty hospitals under the brand name "Sunshine Global Hospitals' at Manjalpur, Vadodara, and Surat. The hospital requested an advance ruling on whether the supply of...

No GST Payable On Fees Collected Towards Training In Respect Of Football, Basketball, Athletic, Cricket, Swimming, Karate And Dance: AAR

The Maharashtra Authority of Advance Ruling (AAR) consisting of Rajib Magoo and T.R. Ramnani has ruled that GST is not payable on fees collected towards training in respect of football, basketball, athletics, cricket, swimming, karate, and dance.The association, M/s Navi Mumbai Sports Association, has constructed an international sports complex on land allotted by M/s CIDCO to it. The main aim and object of the association is to encourage and foster sports, cultural and social activities....

Assessee Entitled To Additional Depreciation On The Power Plant And Installed Windmill: Delhi ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) consisting of Yogesh Kumar U.S. (Judicial Member) and B.R.R. Kumar (Accountant Member) has ruled that assessees are entitled to additional depreciation on the power plant and the installed windmill. The assessee/appellant is engaged in the fields of manufacturing and selling of sponge iron, billets, wire rod, TMT, and generation of power, etc. The assessee filed its e-return declaring total income and the return was revised by...

Education Cess Lawfully Refunded To The Assessee, Can't Recover Later Based On Change Of View Of The Supreme Court: J&K and Ladakh High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that the revenue department cannot seek the return of the amounts lawfully refunded to the assessee in consonance with an earlier decision of the Supreme Court, on the ground that the Supreme Court has changed its opinion on the said matter in a decision rendered subsequently. The Bench, consisting of Chief Justice Pankaj Mithal and Justice Sanjay Dhar, held that a case cannot be reopened after the expiry of the limitation...

Improper Documentation By Wheat Exporters For Registration Certificates: DGFT Tightens The Norms

Due to improper paperwork by wheat exporters seeking registration certificates, the Director General of Foreign Trade (DGFT) has issued a trade alert about the physical verification of Letters of Credit (LCs) by Regional Authorities (RAs) that have already been granted or are in the process of being so. The DGFT (HQ) issued rules to all RAs in a circular dated May 19,2022, requiring rigorous compliance before issuing Registration Certificates (RCs) to qualifying exporters. Despite the...

Onus To Prove Identity, Creditworthiness And Genuineness Of Transaction Lies On Assessee: Pune ITAT

The Pune Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Partha Artha Sarathi Chaudhury (Judicial Member) and Inturi Rama Rao (Accountant Member), has ruled that the onus to prove identity, creditworthiness, and genuineness of a transaction lies with the assessee. The assessing officer found that during the year under consideration, the share capital of the company was increased, showing an increase of Rs. 9,30,00,000/-. On being asked to explain, it was contended that...

High-Pitched, Unreasonable Reassessment Orders, Allahabad High Court Directs The Authorities To Take Action

The Allahabad High Court has directed the centre and the tax department to take action against officials for issuing high-pitched and unreasonable reassessment orders.The division bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has observed that the centre should ensure to establish a monitoring cell at the level of government or CBDT within a month if it has not been established so far. The cell will ensure regular monitoring of the Local Committees, as well as...

Tax Cases Weekly Round-Up: 22 May To 28 May 2022

Supreme Court Case Name: Union of India And Anr. v. M/s. Mohit Minerals Through Director Citation: 2022 LiveLaw (SC) 500 Separate IGST On Indian Importers For Ocean Freight Against Concept Of "Composite Supply", Violates Section 8 CGST Act : Supreme Court The Supreme Court has held when the Indian importer is liable to pay Integrated Goods and Services Tax (GST) on the 'composite supply', which includes supply of goods and supply of services of transportation, insurance, etc. in...

Loss Arising Out Of Sale Of Government Securities Is A Trading Loss: ITAT

The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) held that the loss arising out of the sale of government securities is a trading loss. The two-member bench of Duvvuru Rl Reddy (Judicial Member) and S. Balakrishnan (Accountant Member) observed that the treatment of securities of the AFS (available for sale) categories has to be seen in contradiction and contrast with securities of the HTM (held to maturity) categories, which are purchased and held for the purpose of ...

CBIC Issues SOP for NCLT Cases In Respect Of The IBC

The Central Board of Indirect Taxes and Customs (CBIC) has issued the Standard Operating Procedure (SOP) for National Company Law Tribunal (NCLT) cases in respect of the Insolvency and Bankruptcy Code (IBC).The Board has instructed that the Insolvency and Bankruptcy Board of India establish the role of the GST and Customs authorities in certain crucial matters under the Insolvency and Bankruptcy Code, 2016. The GST and Customs Authorities have been classed as operational creditors. The...

Madras High Court Upholds Validity Of Section 6 Of The Tamil Nadu Value Added Tax Act 2006

The Madras High Court recently upheld the validity of amendments made to Section 6 of The Tamil Nadu Value Added Tax Act, 2006. The court observed that in matters relating to tax, the interest of the State must be considered as against the interest of certain individuals. The court also discussed the power of the legislature in taking decisions with respect to tax "The hardship that is caused to individuals seldom matters as validity of any fiscal enactment ought to be tested on the...

Income Tax Penalty Can't Be Imposed For Committing Unintentional Error In Form-16: ITAT

The Pune bench of the Income Tax Appellate Tribunal (ITAT) consisting of S.S. Viswanethra Ravi (Judicial Member) and Inturi Rama Rao (Accountant Member) has ruled that the income tax penalty cannot be imposed for committing an unintentional error on Form-16. The appellant/assessee is an individual who filed a return declaring a total income of Rs. 5,39,360. A notice under section 143(2) of the Income Tax Act was issued seeking an explanation regarding the return of income. According to...