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Saudi Arabia imposes temporary visa ban on 14 countries, including PakistanUK protests against Israel detaining two British lawmakersGovt to set up dedicated startup India desk for budding entrepreneursDelhi Govt takes stern action against steep fee hike by private schoolsUK MP Dan Norris arrested for alleged child sex offencesIndian-American country judge nabbed on money-laundering chargesAustralia pledges 2.3 bn Australian dollar to enable households buy solar batteriesIndia, Lanka sign MoU on defence cooperationCX - Mere interconnection under Income Tax law does not establish a related party transaction under Central Excise law, thereby invalidating department's demand for duty at 110% of production cost: CESTATOwaisi moves SC against Waqf Amendment ActNo TDS to be deducted u/s 194EE on payments u/s 80CCAST - Removal of smart cards for pairing with set-top boxes (STBs) constituted job work under Rule 4(5)(a) of CCR, 2004 and thus, reversal of CENVAT credit is not required: CESTATCBIC issues AGT orders of 229 Jcs / ADCs + 308 ACs / DCs + 177 Pr Commissioners / Commissioners + 12 Pr CCs & CCsST - Activity of serving as intermediary between foreign entities & Indian customers, qualifies as export of services; commissions earned by assessee will not attract Service Tax levy: CESTATKessler Syndrome: Over 1200 objects of space debris banged into earth in 2024CX - Valuation - Specifications meant for guidance purposes per se differ from detailed engineering drawings; only the latter is to be included in assessable value: CESTATTrump grants another 75-day to TikTok to find Chinese buyerEU fears Trump beer tariffs may cost one lakh jobsTrump tosses out National Security Agency DirectorBudget Session of Parliament adjourns sine-die; 16 Bills passedHamas says Israeli offensive in Gaza is fatal for hostagesEuropean Commission votes to freeze existing sustainability rules to compete with China and USParliament passes Protection of Interest in Aircraft Objects Bill, 2025US economy adds 2.28 lakh jobs in March monthI-T - Provisions of section 50C are equally applicable to asset forming block of asset as well: ITATChina retaliates; imposes 34% tariffs on American goods

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Undertakers - beware - Why LUT? - Do we collect tax by undertaking or law?


Justification of furnishing of LUT for zero rated supply

Being a regular reader of article of the author right from the time of DDT but this time not convinced with the views expressed by the author for justification of furnishing of LUT for export of goods or services without payment of duty. I think as per section 5 of IGST Act, there shall be levied IGST on every interstate supplies which also covers zero rate supply. That means without payment of tax, no supply can be made. However, in order to give relaxation for non payment, the Government has allowed zero rated supply without payment of tax under LUT on compliance of certain procedure enumerated in Rule 96Z. This is a sort of facilitation of export and in order to save its interest, they have safeguarded the revenue by way of binding the exporter to pay tax alongwith interest in case no export is made. Whenever there is a relaxation in legislation that must be supported with counter checks which is there in this case. Yes it is correct that export can be made without executing LUT but how to ensure the things, a mechanism has been evolved in form of LUT. In order to maintain its dignity, every Society makes its law for smooth functioning. Marriage is a law of society which gives right two persons to live together and give rise to its offspring. Even without legitimate marriage, children can be produced, then what is the need for marriage. That is the law of society, we have to follow. Similar is the sanctity of following laws of taxation. We are not here to please the taxman. We must encourage them to follow the law of land. Thanks

cestat cestat 16/04/2020

 

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