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Home e-Newsletters Index Year 2021 October Day 4 - Monday

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TMI Tax Updates - e-Newsletter
October 4, 2021

Case Laws in this Newsletter:

GST Income Tax Customs Insolvency & Bankruptcy PMLA Central Excise CST, VAT & Sales Tax Indian Laws



News


Notifications


Circulars / Instructions / Orders


Highlights / Catch Notes

    GST

  • Classification of goods - HSN Code - Organic manure - Rule 3(b) of the General Rules for the interpretation of Customs Tariff - The two products namely ‘Phosphate Solubilising Bacteria’ and ‘Potassium mobilising Bio-fertilizers’ manufactured and supplied by the appellant are classifiable under Chapter sub-heading No.31059090 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975) and liable to GST at 5% - AAAR

  • Classification of goods - Zn EDTA (Zinc Ethylenediamine Tetra Acetic Acid) - There is no specific heading in the tariff (CTA, 1975) for classification of the ‘Micronutrients’. However, as discussed, as per specifications for the products ‘Zn-EDTA’ and ‘Fe-EDTA’ given in the Fertilizer Control Order, 1985, minimum 12 percent of Zinc is essential in the product ‘Zn-EDTA’ and minimum 12 percent of Iron is essential in the product ‘Fe-EDTA. Thus, the essential character of the product ‘Zn EDTA’ is given by Zinc and essential character of the product ‘Fe EDTA’ is given by Iron. - the product “Zn EDTA” and “Fe EDTA” being supplied by the appellant are classifiable under heading 3824 / Tariff Item 3824 99 90 of the CTA, 1975. - AAAR

  • Classification of goods - HSN Code - PAPAD of different shapes and sizes manufactured / supplied by the appellant - the product “different shapes and sizes Papad” is “Papad” of different shapes and size and find specific entry at CTH No. 19059040, therefore as per rule of interpretation, the product is to be classified under CTH No. 19059040 only and not under CTH No. 21069099 of the Customs Tariff Act, 1975 as classified by the GAAR. - Chargeable to NIL rate of GST - AAAR

  • Classification of goods - Mixed Flour which is used for preparing different traditional Indian dishes - ‘Food preparations not elsewhere specified or included’ falling under Chapter Heading 2106 are covered under the aforesaid Entry at Sr. No. 23 of Schedule- III of Notification No. 1/2017-Central Tax, as amended, attracting Goods and Services Tax @ 18% (CGST 9% + SGST 9%) - AAAR

  • Classification of GST - Rate of GST - Biomass Fired (Steam) Boilers - Agro Waste Thermic Fluid Heater - The products do not conform to the description of the ‘Waste to Energy Plant’ - In case the products of the appellant are required in the setting up of the “Waste to Energy Plants”, the same may still fall under aforesaid Entry at Sl. No. 234, however, neither the appellant has claimed so, nor has any evidence been brought on record in this regard. - Liable to GST @18% - AAAR

  • Classification of services - hiring services - Government entity or not - The appellant has provided ‘equipments on hire’ for ‘live videography’ during the events or programmes held by the Government Department for which ‘Hire Charges’ have been paid by the Government Department to the appellant. The activity of ‘providing equipments on hire’ or ‘live videography’ is not an activity in relation to any function entrusted to a Panchayat or a Municipality under Article 243G or Article 243W of the Constitution. - Benefit of exemption is not available - AAAR

  • Exemption for legal services - Nirma University - Governmental Authority or not - the appellant has not claimed to be satisfying the condition of 90 per cent or more participation by way of equity or control. - the appellant Nirma University cannot be termed as “Governmental Authority” within the definition of the said expression under clause (zf) of para 2 of Notification No. 12/2017-Central Tax. - Benefit of exemption not available - AAAR

  • Classification of bio agricultural products - rate of GST - RhizoMyx - Rhizomyco - The products ‘Rhyzomyx’ and ‘Rhyzomyco’ manufactured and supplied by M/s. Novozymes South Asia pvt.ltd., are classifiable under Tariff item No.30029030 of the First Schedule to the Customs Tariff Act, 1975 - Liable to GST @12% - AAR

  • Validity of assessment order u/s 73 - Violation of principles of natural justice - No personal hearing has been granted - non adherence to Rule 142 had caused prejudice to the writ petitioner qua impugned order - The impugned order is set aside, solely on the ground of non adherence to Rule 142 of the CG&ST Rules, 2017 and all other procedural requirements - HC

  • Income Tax

  • Direct Tax Vivad se Vishwas Act - VSV Act - settlement of the dispute of petitioner for assessment year 2015-16 without withdrawing the interest already granted under Section 244A - the reference in which the restriction of interest under section 244A of the Act is made is towards any excess payment of tax in respect of the tax arrears which is the disputed tax - VSV Act clearly envisages that no interest under section 244A of the Act is payable on the amount of tax paid towards the disputed tax which is in excess of the amount determined payable as per Section 3 of the VSV Act. - HC

  • Exemption u/s. 54F - The fact that the assessee got the property only in 2018 is due to reasons beyond the control of the assessee, which has been narrated in the earlier paragraphs. Hence the assessee should not suffer for the delinquency of the builder and accordingly we are of the view that the assessee should be granted deduction u/s 54F of the Act for the amount of ₹ 80 lakhs given to the builder within the prescribed time, subject to fulfillment of other conditions. - AT

  • TDS u/s 194A - Short deduction of tax /default in tax deduction on interest paid on FDR’s/KDR’s - the CBDT had clarified that on account of the Core Branch Banking Solution (CBS) Software wherein for monitoring purposes alone interest is calculated on daily or monthly basis and is swept and kept in provisioning account, TDS is not to be deducted at this point but at the time of giving actual credit to the depositors. CIT(A) found that the assessee was unable to establish that it was covered by the said circular - no reason to interfere with the order of the Ld.CIT(A). - AT

  • Revision u/s 263 by CIT - Addition of unexplained cash credit u/s 68 - AO has deemed it fit and proper to treat the cash deposits as the business receipts of the assessee and to estimate the income thereon at 12%. Therefore, it cannot be said that the assessment order u/s 143(3) r.w.s. 263 dated 27.10.2014 is erroneous. By not bringing to tax the entire cash deposits u/s 68 of the Act, the assessment order may be said to have been prejudicial to the interest of the Revenue. But, for a valid revision, both the conditions i.e. the assessment order being erroneous and also being prejudicial to the interest of the Revenue are to be satisfied. - AT

  • Customs

  • Seeking provisional release of goods - Withholding the clearance of the petitioners’ silk fabrics, woollen and silk carpets etc. covered under various shipping bills - The proper officer did not have any authority to retain the 53 carpets contrary to what has been provided for in sub-section (2) of Section 110. - HC

  • Indian Laws

  • Dishonor of cheque - pre-mature filing of complaint before expiry of the statutory period 15 days from the date of deemed service of the demand notice -This Court is of the considered view that both the learned courts below have erred in holding that the Complaint was maintainable - The petitioner is acquitted on the ground that the complaint itself was pre-mature and consequently, he is discharged from the liability of his bail bond - HC

  • Seeking grant of anticipatory bail - The general principles Under Section 170 Code of Criminal Procedure, the most apposite observations are in sub-para (v) of the High Court judgment in the context of an Accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the Accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this. - SC


Case Laws:

  • GST

  • 2021 (10) TMI 60
  • 2021 (10) TMI 59
  • 2021 (10) TMI 58
  • 2021 (10) TMI 57
  • 2021 (10) TMI 56
  • 2021 (10) TMI 55
  • 2021 (10) TMI 54
  • 2021 (10) TMI 53
  • 2021 (10) TMI 52
  • 2021 (10) TMI 51
  • 2021 (10) TMI 50
  • 2021 (10) TMI 47
  • 2021 (10) TMI 44
  • 2021 (10) TMI 43
  • 2021 (10) TMI 42
  • 2021 (10) TMI 37
  • 2021 (10) TMI 36
  • 2021 (10) TMI 32
  • Income Tax

  • 2021 (10) TMI 46
  • 2021 (10) TMI 35
  • 2021 (10) TMI 30
  • 2021 (10) TMI 28
  • 2021 (10) TMI 27
  • 2021 (10) TMI 26
  • 2021 (10) TMI 25
  • 2021 (10) TMI 24
  • 2021 (10) TMI 23
  • 2021 (10) TMI 22
  • 2021 (10) TMI 21
  • 2021 (10) TMI 20
  • 2021 (10) TMI 19
  • 2021 (10) TMI 18
  • 2021 (10) TMI 17
  • 2021 (10) TMI 16
  • 2021 (10) TMI 15
  • 2021 (10) TMI 14
  • 2021 (10) TMI 12
  • 2021 (10) TMI 9
  • 2021 (10) TMI 8
  • 2021 (10) TMI 7
  • 2021 (10) TMI 6
  • 2021 (10) TMI 5
  • 2021 (10) TMI 4
  • 2021 (10) TMI 3
  • 2021 (10) TMI 2
  • Customs

  • 2021 (10) TMI 40
  • Insolvency & Bankruptcy

  • 2021 (10) TMI 11
  • PMLA

  • 2021 (10) TMI 48
  • Central Excise

  • 2021 (10) TMI 13
  • 2021 (10) TMI 10
  • CST, VAT & Sales Tax

  • 2021 (10) TMI 41
  • 2021 (10) TMI 29
  • Indian Laws

  • 2021 (10) TMI 49
  • 2021 (10) TMI 45
  • 2021 (10) TMI 39
  • 2021 (10) TMI 38
  • 2021 (10) TMI 34
  • 2021 (10) TMI 33
  • 2021 (10) TMI 31
  • 2021 (10) TMI 1
 

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