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Swapna Printing Works (P.) Ltd., In re
  Section 100 of CGST Act, 2017   GST

The Authority for Advance Ruling observed that the place of supply of the printed booklets will be the place of supply of the printing service. In other words, the place at which the printed booklets are delivered is the place of supply of the composite printing services, which in the present case is in India.


Saregama India Ltd. v. DCIT
  Section 37(1)   Direct Taxes

Whether a particular expenditure is capital or revenue must be decided in the larger context of business necessity or expediency. Since assessees business itself consisted of reproducing and selling recorded music, royalty payment for purchase of original music, which formed the raw material, was an expenditure incurred out of business necessity just as a sugar manufacturer would require sugarcane as its raw material. The payment was so related to the conduct of assessees business that it had to be regarded as integral part of profit earning process and not for acquisition of any asset or any right of a permanent character whatever the mode of payment might be. Accordingly, minimum guarantee royalty was allowable as revenue expenditure.


Shapoorji Pallonji & Company (P) Ltd., In re
  TNGST Act, 2017   GST

The Mobilisation advance to the extent received prior to the implementation of GST towards supply of Works Contract Service is not to be subjected to GST as per the provisions of section 142(11)(b) of the GST Act 2017.


Naresh Kumar Garg v. ACIT
  Section 147   Direct Taxes

When the grounds of reopening do not exist any longer and no additions are ultimately made on that account, then addition on account of other items, which are no longer part of “ reasons to believe” cannot be made.


Vijaykumar L. Jain v. ITO
  Sections 147 & 148   Direct Taxes

Though assessee requested for furnishing of reasons for reopening of reassessment, but AO completed assessment without furnishing the reasons recorded for reopening of assessment, furnishing of reasons recorded for reopening of assessment was mandatory condition, thus, reassessment order passed by AO was bad in law and therefore, same was set aside.


Ponraj, In re
  TNGST Act, 2017   GST

As the bags were used for packing rice and food products for storage and sale, the given products will be appropriately covered under HSN 6305 which includes sacks and bags used for the packing of goods. Such bags are further classified under HSN 63053300.


Economic Laws Practice v. Commissioner (Appeals)
  Section 201(1A)   Direct Taxes

For the purpose of computation of interest under section 244A, the expression "month" had to be interpreted as period of 30 days and not British calendar.


Betts India (P) Ltd. v. Asstt. CIT
  Section 80-IB   Direct Taxes

While determining assessee’s entitlement to deduction under section 80-IB, depreciation is mandatory, even though assessee did not claim such depreciation because for purposes of deduction under Chapter VI-A, gross total income has to be computed inter alia by deducting deductions allowable under sections 30 to 43D.


Paridhi Jain v. State
  Section 132 of RGST Act, 2017   GST

The High Court after taking into consideration facts of the case and undertaking submitted by the assessee to fully cooperate with the investigating authority by providing information or documents asked by the investigating agency accepted the bail application filed by the assessee.


ITO v. Manoj Vashudevwadhwa
  Section 14A   Direct Taxes

It was quite clear that AO was not satisfied with the claim of assessee and having regard to accounts of assessee, had arrived at a finding that it was not possible to generate requisite satisfaction with regard to correctness of claim of assessee. Only thereafter, AO made disallowance under section 14A read with rule 8D. Therefore, assessee’s contentions that no satisfaction had been recorded by AO in an objective manner was unacceptable. However, AO was directed to consider only those investments for computing average value of investment which yielded exempt income during the year.


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