Q. Consequence of voluntary payment of DRC-03 against mismatch in destination in E-way bills
Ans.
If paid before SCN, 15% penalty under section 74(5) may be levied.
Q. I HAVE A CLIENT WHICH DEALS IN EXEMPT GOODS BUT HAS GO DOWN ON RENT. PLEASE ADVISE WHETHER RCM WILL BE APPLICABLE ON RENT
Ans.
Yes, RCM applicable if taken from unregistered landlord
Q. GsT rate on construction of Commercial & Residential Building with ITC or without ITC. Please confirm
Ans.
Commercial: 12% with ITC and Residential: 5% without ITC
Q. Please let me know the hsn rate and tax rate of the item Ready to mix Chia Pudding.
Composition of the product is also mentioned:-
1. Instant Chia Pudding:
Ready Premix: Just add water
Ingredients:
Milk powder
Pea Protein
FOS
Fruit / Chocolate Powder
Oats
Pumpkin, Sunflower, Chia Seeds
Allulose
Raisins
Himalayan Pink Salt
natural Fruit Flavour and Color
Ans.
According to us- 5%-2106 (other than 21069020)- Food preparations not elsewhere specified or included [other than pan masala].
Q. Coaching centre can file itr 4 sugam under section 44ad and what is the code
Ans.
Yes, a coaching centre can file ITR-4 (Sugam) and opt for Section 44AD if it is treated as an eligible business, subject to the turnover/gross receipts limits and other conditions of Section 44AD..Code: 17006
Q. Hat the 148A(d) Order Para 6(C) treats cash withdrawal of ₹4,28,75,570 from the Appellant's own bank accounts as "income chargeable to tax which has escaped assessment". A withdrawal from one's own funded bank account is, by definition, not income within the meaning of Section 2(24) of the Income-tax Act, 1961, and cannot, conceptually or mathematically, constitute escapement of income. The aggregation of ₹4,28,75,570 (cash withdrawal) as part of the alleged "escaped income" of ₹4,40,46,990 (per Para 7 of 148A(d) Order) demonstrates fundamental misconception of law and irrational formation of belief, vitiating the reopening. [Ref: ITO v. Lakhmani Mewal Das (103 ITR 437, SC) — "reason to believe" requires rational nexus, not "reason to suspect"]
Also, in the 148A(d) Order dated 30.03.2022 in its Para 6(C) categorically declared cash withdrawals as constituting "income chargeable to tax which has escaped assessment", whereas the subsequent 142(1) Notice dated 06.01.2023 asks the Appellant to "explain purpose for making this cash withdrawal". This sequence demonstrates that the original determination of escapement was without application of mind and constitutes retrospective rationalization.
Ans.
The initiation of reassessment proceedings based on the premise that cash withdrawals from an assessee's own bank account constitute "income chargeable to tax which has escaped assessment" is fundamentally flawed and legally untenable. Such a premise demonstrates a clear non-application of mind and a failure to establish a rational nexus between the available information and the formation of a valid "reason to believe," as mandated by law. The subsequent issuance of a notice under Section 142(1) to inquire about the purpose of these withdrawals further indicates that the Assessing Officer (AO) initiated proceedings based on mere suspicion to conduct a "roving and fishing inquiry," rather than on a prima facie belief of income escapement. Additionally, any significant variance between the allegations in the Section 148A(b) notice and the conclusions in the Section 148A(d) order can render the proceedings invalid.
Q. In case of services supply by an Advocate as consultancy to outside India to setup company in india then GST registration is mandatory for Advocate or not?
Ans.
Any service provided by advocate is exempt. Refer Notification No.12/2017 CGST Rate.
