➡️ Hotel and restaurant industry may soon get relief on GST
➡️ Finance Ministry is considering their demand to change current GST structure
➡️ GST on Hotels/Restaurants may be increased to 12% from 5% with ITC benefit
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Source says:
➡️ Alert: At present Hotels/Restaurants attracts 5% GST without input tax credit
➡️ Finance Ministry has sent the proposal to the fitment committee of the GST council
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Source says:
➡️ GST council may discuss the proposal in the next GST council meeting
➡️ The industry has been asking for input tax credit citing increased input cost
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Source says:
➡️ The industry has asked the Finance Ministry to provide relief due to location-based differences
➡️ However, hotels/restaurants with room tariff above Rs 7,500 attract 18% #GST with ITC
The Finance Bill 2023 was passed in the Lok Sabha without a discussion on Friday.
Finance Bill 2023 passed in Lok Sabha — check key amendments and highlights ⬇⬇
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1⃣ Mutual Funds (MFs) having less than 35 percent AUM in domestic equity are to be taxed as short-term capital gains.
2⃣ Enhanced tax benefits to offshore banking units operating in GIFT City. Offshore banking units to get 100 percent deduction on income for 10 years.
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3⃣ Tax on Royalty or technical fee earned by foreign (non-resident) Cos hiked from 10 percent to 20 percent.
4⃣ No Change in tax on non-par savings insurance products (Rs 5 lakh cap remains).
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Bombay HC: Pre-arrest bail application ‘premature’ where only witness-summons were issued
Bombay HC rejects the pre-arrest bail application “premature” where Asst. Commissioner has only issued witness-summon to applicant for recording his statement and verify books of account;
Finding the apprehension of Applicant that he will be arrested without following due process as “unfounded”, Court clarifies that at this stage, the Asst. Commissioner only suspects Applicant’s involvement in the Platinum Trading Company scam.
Only after recording his statement, if Revenue finds “reason to believe that arrest is imperative”, the applicant may justify the apprehension of arrest; Opines that “applicant must first cooperate with the investigation, which is only for the purpose of recording his statement.
The learned counsel appearing for the Petitioner relied on the judgment of M/s. Durga Raman Patnaik v. Additional Commissioner of GST [W.P.(C) No.7728 of 2022 dated August 4, 2022],
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where the Petitioner opted for applying for revocation of the cancellation by complying with all the other requirements of depositing all the tax, penalty and interest due as payable and other formalities as required by law.
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Clarification issued by CBIC, aptly applicable in GST also, stating that "No service tax on declared service, “Agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act" u/s 66E of the Finance Act, 1994;
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Further, clarifies that same cannot take place unless there are two parties, one of which expressly or impliedly agrees to do or abstain from doing something and the other agrees to pay consideration to the first party for doing or abstaining from such an act;
Emphasizes that such ‘contractual arrangement’ must be an independent arrangement in its own right and “There must be a necessary and sufficient nexus between the supply (i.e. agreement to do or to abstain from doing something) and the consideration.”;