"23 May 2017" Archive

Note on Tax on Important Commodities under GST

Cement: Packaged cement attracts central excise duty of 12.5% + Rs.125 PMT and standard VAT rate of 14.5%. At these rates, the present total tax incidence works out to more than 29%. If we include tax incidence on account of CST, octroi, entry tax, etc., the present total tax incidence would work out to more than 31%. As against this, the...

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Tax Incidence on Entertainment Services under GST

Taxes on entertainments and amusements (covered by the erstwhile entry 62 of State List of the Constitution) have been subsumed under GST except to the extent of taxes on entertainments and amusements levied by a Panchayat or a Municipality....

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Govt bans Sale of Cows for Slaughter at Animal Markets

Notification No. G.S.R. 494(E) (23/05/2017)

Cancellation of registration of animal market.If the District Animal Market Monitoring Committee, suo moto or on receipt of a complaint, comes to the conclusion that an animal market is functioning in contravention of these rules, it may direct the cancellation of registration of such market after giving reasonable opportunity of being h...

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Custody, Cost of care and keeping of animals pending litigation

G.S.R.495(E) (23/05/2017)

When an animal has been seized under the provision of the Act or the rules made thereunder— (a) the authority seizing the animal shall ensure health inspection, identification and marking such animal, through the jurisdictional veterinary officer deployed at Government Veterinary Hospital of the area and marking may be done by ear taggi...

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Documents for Supply of Goods – GST

GST is going to be reality with effect from 1st July, 2017 as per the statements issued by Government of India on day to day basis. First and foremost document that is required to be generated after implementation of GST is Invoice because supply cannot be stopped as it may involve additional cost by way of late delivery charges....

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SEBI’s proposal for more stringent Monitoring of Utilization of Issue Proceeds

SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 (ICDR Regulations) requires that while raising funds from the public, the company has to mention the object for raising the fund. ...

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Proposed framework for consolidation and re-issuance of debt securities issued under SEBI (Issue and Listing of Debt Securities) Regulations, 2008

The Companies Act,1956 had provisions regarding the consolidation and reissuance of debt securities under section 121.This section gave the company power to keep the same security alive for the purpose of re-issue after it's been redeemed....

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Registration u/s 12A cannot be denied to a Trust for mere Fee Collection

Gyaan Vikas Foundation Siliguri Vs C.I.T. (ITAT Kolkata)

There is nothing brought on record to show that the activities of the assessee are driven by profit motive. In these circumstances we are of the view that the conditions for grant of registration u/s 12AA of the Act are duly satisfied as the activities of the assessee are genuine and its objects are also charitable....

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Interest on FD interest used as LC Margin Money for Industry set-up is taxable as Other Income

CIT Vs M/S Bhawal Synthetics (Rajasthan High Court)

In the case in hand, it is not in dispute that the assessee had income of interest through FDRs and while setting off that the Assessing Officer as well as the ITAT did not examine the aspect as to under which provision the assessee claimed deduction or set off his income from other sources against […]...

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DRI has no locus standi to file writ petition under Article(s) 226/227 of Constitution of India

Union of India Vs M/s. Padmini Polymers Ltd & ANR (Delhi High Court)

The division bench of Delhi High Court, in UOI v. Padmini Polymers Ltd & Anr, held that Directorate of Revenue Intelligence (DRI) has no jurisdiction to file Writ Petition under Article 226 of the Constitution of India against the order of the Settlement Commission....

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