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Archive: 10 January 2018

Posts in 10 January 2018

‘Initial intention’ of assessee to decide whether an activity amounts to ‘trading activity’ or ‘investment activity’

January 10, 2018 2268 Views 2 comments Print

ITO Vs. M/s Nupur Carpets Pvt. Ltd. (ITAT Kolkata) We note that the AO treated net ‘surplus’ as business income instead of capital gains on the ground that the assessee carried out business of share trading as evident from large volume of transactions and systematic, organized, repeated and regular activity in shares with a clear […]

GST TCS Mechanism – What you should Know

January 10, 2018 8049 Views 0 comment Print

Tax Collection at Source (TCS) has similarities with TDS, as well as has distinctive features also. TDS refers to tax which is deducted when recipient of goods or services makes some payments under a contract etc.

GST Recovery of Tax- What you should Know

January 10, 2018 7230 Views 1 comment Print

All tax administration occasionally comes across a situation where the tax dues are not paid correctly by the tax payers, most of the times inadvertently and sometimes deliberately. To minimise the inadvertent short payment of taxes the concept of Matching of details of Outward supplies of supplier with the details of Inward supplies

Advance Ruling Mechanism in GST- All you want to Know

January 10, 2018 6006 Views 1 comment Print

An advance ruling helps the applicant in planning his activities which are liable for payment of GST, well in advance. It also brings certainty in determining the tax liability, as the ruling given by the Authority for Advance Ruling is binding on the applicant as well as Government authorities. Further, it helps in avoiding long drawn and expensive litigation at a later date.

Notification No. 04/2018- Customs (N.T.), Dated: 10.01.2018

January 10, 2018 2328 Views 0 comment Print

Notification No. 04/2018- Customs (N.T.) In exercise of the powers conferred by sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 92/2017-Customs (N.T.), dated the 28th September, 2017, published vide number G.S.R. 1210(E), dated the 28th September, 2017, namely : —

Notification No. 03/2018-Customs (N.T.), Dated: 10.01.2018

January 10, 2018 4482 Views 0 comment Print

Notification No. 03/2018-Customs (N.T.) In exercise of the powers conferred by sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 82/2017-Customs (N.T.)

GST Practitioners -What you Must Know

January 10, 2018 49038 Views 9 comments Print

Section 48 of the CGST Act provides for authorisation of an eligible person to act as approved GST practitioners. A registered person may authorise an approved GST practitioner to furnish information, on his behalf, to the government.

Online Information Data Base Access and Retrieval (OIDAR) Services in GST

January 10, 2018 15834 Views 0 comment Print

Online Information Database Access and Retrieval services (OIDAR) is a category of services provided through the medium of internet and received by the recipient online without having any physical interface with the supplier of such services. E.g. download of an e-book online for a payment would amount to receipt of OIDAR services by the consumer.

GST on Co-operative Housing Societies

January 10, 2018 69180 Views 14 comments Print

According to Section 2(16) of the Maharashtra Co-operative Society Act, 1960, housing society means a society, the object of which is to provide its members with open plots for housing, dwelling houses or flats; or if open plots, the dwelling houses or flats are already acquired, to provide its members common amenities and services.

Commissioner of Trade and Taxes Delhi Vs Arise India Limited (Supreme Court of India)

January 10, 2018 8850 Views 0 comment Print

Commissioner of Trade and Taxes Delhi Vs Arise India Limited (Supreme Court of India) On hearing learned Additional Solicitor General appearing for the petitioner, we are not inclined to interfere with the impugned order. The special leave petition is dismissed. Learned Additional Solicitor General, however, submits that a batch of petitions were decided by the […]

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