Posts Tagged ‘Technical’

Notification 56 of 2023 CT further extending limitation for FY 2019-20 and ...

Posted On September 25th, 2024

Note – There is no denial to the fact that the Notification No.56/2023-CT was issued without the recommendation of the GST Council. The use of the phrase “on the recommendation […]

Single SCN for multiple years not valid and separate SCNs to be issued

Posted On September 20th, 2024

Note – The practice of issuing a single, consolidated show cause notice for multiple assessment years contravenes the provisions of the CGST Act and established legal precedents. The show cause […]

Extended period cannot be invoked where interpretation of law involved and ...

Posted On August 29th, 2024

Note – It has been found in series of decisions this Tribunal and various High Courts where in respect of interpretation of law there are conflicting decisions, extended period of […]

Bill of Export non availability cannot be cited as a reason to deny acknowl...

Posted On August 27th, 2024

Note – the law as its stands today is that if the party is able to show the proof of supply to SEZ Unit, then non-submission of “Bill of Export” […]

Usage of ICETAB for cargo examination and quick uploading of reports by Cus...

Posted On August 21st, 2024

Room No. 229A, North Block, New Delhi, dated the 20th August, 2024 To, All Principal Chief Commissioners/ Chief Commissioners (Customs/ Customs (Preventive)/ Customs & Central Tax), All Principal Commissioners/ Commissioners […]

Credit cannot be denied on tax paid under protest unless law specifically r...

Posted On August 21st, 2024

Note – The question was whether or not the appellant was eligible to avail credit when the duty was paid during provisional assessment under protest. Held: The assessee is eligible […]

Works contract executed outside India through fixed establishment not liabl...

Posted On August 13th, 2024

Note – A plain reading of Section 13 (4) makes it clear like cloudless sky that the ‘place of supply’ in relation to an immovable property for carrying out construction […]

Forfeiting amount received for cancellation of order is not consideration f...

Posted On August 7th, 2024

Note – The amount received has been forfeited by the appellant subsequent to buyer failing to perform his part of contract with the appellant. The act of forfeiting the amount […]

Investment in mutual funds does not result in exempted service and income c...

Posted On August 6th, 2024

Note – The appellant has invested their income in shares / mutual funds and also sold certain investments. They have acted like any individual who would invest funds in shares […]

Granting of call option cannot be seen as a service to attract tax thereon

Posted On August 1st, 2024

Note – The granting “call option” is not an activity of rendering service. The SCRA defines securities to include both “rights in securities” and “derivatives”. The grant of call option […]

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