"April, 2018" Archive

GST Audit Provisions: Detailed Analysis

While the GST regime emphasizes self-assessment processes, the complexities involved in it make one wary. At this juncture, it is clear that the GST law is not presently simple enough for an assessee to compute his total and taxable turnovers and duly report the same...

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Sec. 80C Allowable on Principal Loan Payment for residential Flat irrespective of use

A. Ashok Simha Reddy Vs. DCIT (ITAT Hyderabad)

The learned Counsel for the assessee has filed a chart depicting various issues arising in all of these appeals and it is seen that most of the issues are repetitive in all the years. Therefore, we are disposing of the appeals on the basis of the issues arising therefrom....

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Samosa is Cooked Food not Namkeen: Uttarakhand HC

Sarva Shri Neeraj Misthan Bhandar Vs The Commissioner, Commercial Tax (Uttarakhand High Court)

In this case, we are concerned with the question as to whether Samosa is to be treated as namkeen or cooked food and we are not asked to pronounce upon whether it is to be treated as unclassified items, the choice is narrowed down to whether it is to be treated as namkeen or as cooked food. ...

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GST Return Filing simplification Model A and Model-B

Reduction in number of Returns to One Return per month. No to-and-fro movement of invoice data (like GSTR → GSTR → GSTR → GSTR1A → GSTR-3). Simplicity of Return design: Summary of outwards supplies and inward supplies with annexure of invoices for outward supplies and inward supplies attracting reverse charge. Taxpayer Interface s...

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IIPM liable to pay service tax on courses conducted by it

C.S.T. Service Tax, Delhi Vs Indian Institute of Planning & Management (CESTAT Delhi)

Since the training courses conducted by IIPM do not result in award of any certificate/ Diploma/ Degree or any other educational qualification recognized by the law being in force, the activity will fall under the category of Section 65 (105) (zzc) of the Act and is a taxable service liable to payment of Service Tax....

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ITC on Rent-A-CAB- Possible Issues under GST Regime

In the present article we are mainly concerned with the restrictions with respect to rent-a-cab. Relevant provision is reproduced below: Sec. 17(5) Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:—...

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s. 292B cannot save Assessment order passed without Notice u/s 143(2)

Income Tax Officer Vs. Sh. Neeraj Goel (ITAT Delhi)

ITO Vs. Sh. Neeraj Goel (ITAT Delhi) IT(A) has rightly held that the assumption of jurisdiction to frame an assessment or non assumption of jurisdiction to frame an assessment goes to the root of the judicial act of framing an assessment order and in the event of non assumption of jurisdiction u/s. 143(2) of the […]...

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Maharashtra Govt. reduces stamp duty on residential house to Rs. 1000 on first instrument for EWS & LIG groups

No.Mudrank-2015/1745/UOR.24/CR-573/M-1. (31/03/2018)

Maharashtra Government fixes the stamp duty to the extent of Rs-1000 only as otherwise chargeable under clause (b) of Article 25 of Schedule-I appended to the said Act, on the first instrument for Economically Weaker Section (EWS) & Lower Income Groups (LIG)....

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Canteen Services- What Should be the Rate of Tax under GST regime

Consider a scenario where a registered person having a factory has engaged a canteen contractor at the factory and provides a space within its premises to the said canteen contractor to supply the food to its employees or workers...

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Shares held as stock-in-trade do not attract dis allowance u/s 14A

ACIT Vs. M/s Safe Enterprises (ITAT Mumbai)

No dis allowance u/s 14A is called for in a case where the shares are held as stock-in-trade as held in India Advantage Securities Ltd. (supra), CCI Ltd. v. JCIT (2012) 20 taxmann.com 196 (Karn.), PCIT v. State Bank of Patiala (2017) 78 taxmann.com 3 (P& H) and CIT v. G.K.K. Capital Markets (P.) Ltd. (2017) 78 taxmann.com 341 (Cal.)....

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