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Archive: June, 2018

Posts in June, 2018

Application U/s. 12AA cannot be rejected merely on account of extraordinary powers with managing trustee

June 8, 2018 1218 Views 0 comment Print

Registration application u/s 12AA cannot be rejected merely on account of extraordinary powers with the managing trustee to appoint or remove other trustees and also to nominate their successor.

Energy-G Premium oil classifiable under HSN 1518; 5% GST Payable

June 8, 2018 2688 Views 0 comment Print

In re Agarwal Industries Private Limited (GST AAR Andhra Pradesh) Energy-G premium oil is manufactured out of Vegetable fats / oils and not from animal fats / oils. That being so the classification of product is HSN 1518 and shall be subject to 5% GST as per Schedule I of Notification 1/2017-C.T (Rate) dated 28.06.2017 […]

Place of Removal under Excise Act and CENVAT Credit Rules

June 8, 2018 9402 Views 0 comment Print

As regards determination of ‘place of removal’, in general the principle laid by Hon’ble Supreme Court in the case of CCE vs Ispat Industries Ltd 2015(324) ELT670 (SC) may be applied. Apex Court, in this case has upheld the principle laid down in M/s Escorts JCB (Supra) to the extent that ‘place of removal’ is required to be determined with reference to ‘point of sale’ with the condition that place of removal (premises) is to be referred with reference to the premises of the manufacturer.

Notification under Section 7 notifying Surat airport as Customs airport

June 8, 2018 1797 Views 0 comment Print

Notification No. 51/2018-Customs (N.T.) Dated- 8th June, 2018- under Section 7 of the Customs Act, 1962 notifying Surat airport as Customs airport for Unloading of baggage and the loading of baggage

Apportionment of expense on R&D and ESOP having no nexus with products manufactured in exempted units not justified

June 8, 2018 1887 Views 0 comment Print

Dr. Reddy’s Laboratories Limited Vs DCIT (ITAT Hyderabad) The case of the assessee, all through, was that R & D expenditure was incurred by the assessee in a separate unit known as ‘IPDO’, which is meant for carrying on R & D. It is also not in dispute that formulations / products arising out of […]

Electro Ink supplied along with consumables is a mixed supply

June 8, 2018 2319 Views 0 comment Print

In re HP India Sales Private Limited (GST AAR Maharashtra) Question :-1. Classification of Electro Ink supplied along with consumables under GST Answer:- The supply of Electro Ink supplied along with consumable is a mixed supply as defined u/s section 2 (74) of the GST Act and is also a continuous supply of goods as […]

Registrars to An Issue And Share Transfer Agents (Second Amendment) Regulations, 2018

June 8, 2018 1449 Views 0 comment Print

1. These regulations may be called the Securities and Exchange Board of India (Registrars to an Issue and Share Transfer Agents) (Second Amendment) Regulations, 2018.

No Service Tax on training and coaching in various foreign languages

June 8, 2018 4365 Views 0 comment Print

Commissioner of Central Excise Vs Consistent Software Technologies (I) Pvt. Ltd. (CESTAT Mumbai) In the present case the respondent is engaged in imparting the training and coaching in various foreign languages i.e. French, German, Japanese, Spanish etc. which they claimed as a vocational training and covered under Notification No.9/2003-ST and 24/2004-ST. The very identical issue […]

ITC not eligible on vehicles purchased to use as mobile cotton labs

June 8, 2018 2355 Views 1 comment Print

In re Indian Cotton Solutions.Com Private Limited (GST AAR Andhra Pradesh) Whether they can utilize /refund the ITC which is readily available in GST Portal, for the vehicles purchased by them for the purpose of their core business activity? It is submitted that the firm purchased five vehicles to use as mobile cotton labs, for […]

Shifting of DGIT (Vigilance) to new premise

June 8, 2018 5538 Views 0 comment Print

It is to inform that the Directorate General of Income Tax (Vigilance) is shifting to new premise at 2′ Floor, JLN Stadium, New Delhi. All telephone lines etc. have also been disconnected.

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