GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF TRADE & TAXES VYAPAR BHAWAN, I.P. ESTATE, NEW DELHI-110002 (POLICY BRANCH) No. F.3(568)/Policy/VAT/2015/Pt.file-II/1720-31 Dated: 30/07/2024 ADVISORY Sub :- Reasoned order to be passed dealing with all aspects of the matter- reg. The Proper Officer deals with Refunds, Assessment, Cancellation, Demands and Recovery etc. under various provisions of the DGST/CGST/IGST Act and the procedure laid down there in nee... ... ...

HON'BLE SHRI AMARJIT SINGH, JM AND HON'BLE SHRI MANOJ KUMAR AGGARWAL, AM For the Assessee : Shri Anuj Kisnadwala- Ld. AR For the Revenue : Shri Akhtar Husain Ansari - Ld.DR ORDER Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year [in short referred to as 'AY'] 2011-12 contest the order of Ld. Commissioner of Income-Tax (Appeals)-56, Mumbai, [in short referred to as 'CIT(A)'], Appeal No. CIT(A)-56/DCIT-5(1)(2)/2017-18/404 dated 16/05/2018 o... ... ...

Tax audit applicability under section 44AB is considered for a partnership firm with turnover of 44 lakhs, book profit of 56,000, and discontinued business operations. The issue is whether audit is required for filing its mandatory income-tax return and declaring actual book profit, after its accounts had been audited in the preceding assessment year when turnover was two crores.

Inspection-based adjudication under the TNGST framework is allocated by the revenue effect in FORM GST DRC-01. Following non-payment, partial payment, or objections to FORM GST DRC-01A, the inspecting officer must issue a complete show-cause notice and obtain approval for transfer to another proper officer. Assistant Commissioners (ST) adjudicate matters exceeding Rs. five crore; State Tax Officers adjudicate all other matters. For multi-year inspections, crossing the threshold in any one year requires transfer of all years' notices to an Assistant Commissioner.

Solar cookers using solar energy and grid electricity, all sprinklers including fire water sprinklers, and parts of poultry-keeping machinery attract GST at 12%. Agricultural farm produce in packages exceeding 25 kilograms or 25 litres is excluded from "pre-packaged and labelled" and does not attract GST at 5%. Past issues concerning specified goods are regularised on an "as is where is" basis. Regularisation for government distribution supplies of pulses and cereals requires prescribed certification and reversal of any input tax credit availed.

New Delhi, Sep 8 (PTI) India faces the prospect of a higher oil import bill and renewed inflationary pressure after international crude prices surged on Tuesday, with Brent approaching USD 100 a barrel as escalating West Asia tensions raised concerns about disruptions to global supplies. Brent futures rose more than 2 per cent to around USD 99 a barrel, while US West Texas Intermediate crude gained almost 3 per cent to about USD 94. The latest development followed attacks on Saudi energy infr... ... ...

Taxability of loans provided by an overseas affiliate to its Indian affiliate, or by a person to a related person, under the Delhi GST framework is governed, mutatis mutandis, by the corresponding central GST clarification. The position applies the central clarification to identified affiliate and related-person loan arrangements for implementation of GST law. It is clarificatory in nature and intended to ensure uniform application of the clarified treatment.

Alternative Investment Fund units are not offered through public solicitation. Subscriptions, purchases or dealings in units may occur only by private placement to eligible investors and on the terms of the relevant private placement memorandum and constitutive documents. The material is not investment advice or a recommendation concerning securities or companies. Securities-market investments carry market risk, and past performance does not assure future results. Category III fund management is also associated with investment-process assessment, risk governance and institutional infrastructure.

GST treatment of warranty and extended-warranty transactions, including related input tax credit availability, is aligned with the applicable central clarification for implementation under the Delhi GST framework. The central clarification applies mutatis mutandis to promote uniform treatment of GST liability and input tax credit. The clarification is explanatory in nature, and implementation difficulties may be brought before the Commissioner of State Tax, Delhi.

CENVAT credit is admissible for additional duty of customs paid on imported steam coal at a concessional rate under a customs exemption notification. The restriction in Rule 3(1)(i) applies only to concessional excise duty paid under specified central excise notifications. Although additional duty is measured by reference to equivalent excise duty, it is levied and collected as customs duty under the Customs Tariff Act. As the concession arose under a customs notification rather than a central excise notification, Rule 3(1)(vii) permitted credit and disallowance was not legally sustainable.

Input tax credit on ducts and manholes used in optical fiber cable networks is to be assessed under the blocked-credit framework in section 17(5) of the CGST Act, 2017. The Central clarification applies mutatis mutandis for implementation under the Delhi Goods and Services Tax Act, 2017, ensuring aligned treatment within Delhi. Implementation difficulties may be referred to the Commissioner of State Tax, Delhi.

Input tax credit on demo vehicles is available to authorised motor-vehicle dealers where the vehicles are used for test drives and demonstrations that facilitate further supply of similar motor vehicles. Credit is not available for vehicles used for staff or management transportation, or where a dealer merely provides marketing or test-drive facilitation services to a manufacturer without making vehicle supplies on its own account. Capitalisation does not itself affect credit eligibility, subject to applicable conditions, depreciation restrictions on the tax component, and tax obligations upon subsequent sale.

The requested police case concerns allegations that CMRL made fraudulent payments to Exalogic Solutions, a now-defunct company, by representing them as consideration for IT consultancy services. The investigation also alleged generation of proceeds of crime by CMRL management and persons connected with the recipient company. Searches reportedly resulted in seizure of handwritten notes containing details of certain fund transfers to Dubai.

GST applies to university affiliation services supplied to constituent colleges and to school affiliation services supplied by educational boards or similar bodies, while affiliation to government schools is exempt from 10 October 2024. DGCA-approved flying training courses conducted by approved Flying Training Organizations are exempt where mandatory completion certification is required. Helicopter seat-share transport is taxable at 5%, whereas charter operations attract 18%. GTA ancillary services supplied in the course of road transport form a composite supply. Preferential location charges form part of construction services, and specified electricity utility support services and certain foreign-airline service imports receive exemption or past-period regularization.

Section 161 of the DGST Act, 2017 permits rectification of errors apparent on the face of the record in decisions, orders, notices, certificates, or other documents. Proper officers must dispose of applications for rectification of assessment orders within the prescribed statutory timelines. Delayed disposal may result in revenue loss and avoidable litigation, while non-compliance with the time-bound requirement may attract appropriate action.

Physical verification of GST business premises may be initiated to examine doubtful registrations, suspected fake invoicing, refund-related business activity, intelligence inputs, or revenue-protection concerns. Jurisdictional GST Inspectors must conduct visits, verify registration particulars and actual business operations, record discrepancies and prescribed observations, and upload reports and photographs in Form GST REG-30 through the mandatory GSTN Field Visit application. Registration-related reports should ordinarily be furnished within ten working days, while adverse reports require immediate action under applicable GST law.

Advance filing of Bills of Entry requires importers to file before the end of the day preceding the goods' arrival, subject to mode-specific timelines and system-imposed late filing fees. Where Master Bill of Lading or Master Air Waybill details are unavailable, an advance Bill of Entry may use "NOMBL" or "NOMAWB" while House Bill of Lading details remain mandatory. The master transport document may later be updated through an online Import General Manifest amendment using code A_PBEIGM, with auto-approval and no late fee, only for advance filings initially made using those placeholders.

Special Commissioners, Additional Commissioners and Joint Commissioners are authorised to perform the functions of Appellate Authority for appeals under section 107 of the Delhi Goods and Services Tax Act, 2017. The authorisation is exercised under the statutory power to appoint officers and supersedes the earlier authorisation governing appellate functions.

The Turant Suvidha Kendra at Nhava Sheva acts as a Facilitation Helpdesk for grievances concerning clearance of Bills of Entry filed at the port. Importers, exporters, customs brokers and other stakeholders may approach designated officers or use specified electronic and telephone channels for clearance-related grievances. A nodal officer serves as the single escalation point for urgent Bill of Entry clearance matters, while implementation difficulties may be raised with the officers responsible for the Turant Suvidha Kendra.

SARFAESI enforcement under Section 13 is confined to a secured creditor enforcing security against a borrower whose financial assistance originated from a bank or financial institution. The statutory definitions of borrower, financial assistance, secured creditor and security interest do not extend this recovery mechanism to debts originally advanced by a non-banking financial company. Acquisition of such debt and its security by a bank, although potentially permissible as a banking activity, does not alter the debt's origin or expand the statutory borrower class. A bank therefore cannot invoke Section 13 to enforce security assigned by a non-banking financial company.