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Archive: June, 2018

Posts in June, 2018

Exemption U/s. 54F allowed for Investment in purchase of Villa routed through mutual funds

June 6, 2018 1761 Views 0 comment Print

ACIT Vs Shri. Sunil Bandacharya Joshi (ITAT Bengaluru) In the present case, the capital asset was sold on 26.02.2011. The capital asset was purchased on 31.03.2011 and before the purchase of the capital asset the amount was deposited in mutual funds. Therefore in the considered opinion of the bench, before the date of filing of […]

Service Tax not leviable on Taxes/Toll collected-on behalf of Government

June 6, 2018 5652 Views 0 comment Print

The present appeal challenges the Order-in-Original No. 63/2013- 14 dated 02/09/2013 and covers the period of dispute April, 2007 to March, 2012. The appellant is engaged as a contractor on behalf of the Government Departments to collect sales tax, royalty and toll tax. The appellant participated in the bids floated by National Highways Authorities of India (NHAI)

Second Bi-monthly Monetary Policy Statement, 2018-19-Policy Rates increased by 25 basis points

June 6, 2018 801 Views 0 comment Print

The decision of the MPC is consistent with the neutral stance of monetary policy in consonance with the objective of achieving the medium-term target for consumer price index (CPI) inflation of 4 per cent within a band of +/- 2 per cent, while supporting growth. The main considerations underlying the decision are set out in the statement below.

Difficulty in Issue of CA Certificate Under UP RERA

June 6, 2018 10821 Views 3 comments Print

DIFFICULTY IN ISSUE OF CA CERTIFICATE UNDER UP RERA [for the purpose of withdrawal of money from designated bank account of the project] As per the provision of The Real Estate (Regulation and Development) Act 2016 (RERA), As per section 4(2)(l)(D) of RERA Act;  ‘seventy per cent. of the amounts realised for the real estate […]

Amendment to SEBI (Credit Rating Agencies) Regulations, 1999

June 6, 2018 798 Views 0 comment Print

In terms of Regulation 16(3) of SEBI (Credit Rating Agencies) Regulations, 1999, a CRA may withdraw a rating, subject to the CRA having: i. rated the instrument continuously for 5 years or 50 per cent of the tenure of the instrument, whichever is higher.ii. received an undertaking from the Issuer that a rating is available on that instrument.

When will the Rip Van Winkleism stop- SC Slam Central Govt

June 6, 2018 1140 Views 0 comment Print

To make matters worse, in this appeal, the Union of India has engaged 10 lawyers, including an Additional Solicitor General and a Senior Advocate! This is as per the appearance slip submitted to the Registry of this Court. In other words, the Union of India has created a huge financial liability by engaging so many lawyers for an appeal whose fate can be easily imagined on the basis of existing orders of dismissal in similar cases. Yet the Union of India is increasing its liability and asking the taxpayers to bear an avoidable financial burden for the misadventure.

EOI to be in Panel to act as Interim Resolution Professionals

June 6, 2018 1026 Views 0 comment Print

Expression of Interest to be in the Panel under Insolvency Professionals to act as Interim Resolution Professionals or Liquidators (Recommendation) Guidelines, 2018.

GST not applicable on upfront amount for lease of 30 Years or more for plots

June 6, 2018 3483 Views 0 comment Print

In re Yamuna Expressway Industrial Development Authority (GST AAR Uttar Pradesh) Whether GST is applicable on upfront amount (called as premium / salami) payable in respect of services by way of granting of long term lease of the thirty years or more for plots catering to public health care such as hospital, nursing home, diagnostic […]

Input credit not available on packing material used for supply of exempt goods

June 6, 2018 24750 Views 4 comments Print

VNR Seeds Pvt. Ltd., Raipur (GST AAR Chhattisgarh) The applicant is not entitled to ITC on the packing material used for packaging seeds, while making such exempted supply of seeds to their own branches and to other purchasers. They are however, entitled for ITC (of the tax involved in the purchase of such packing material) […]

AAR cannot decide on Transitional CENVAT credit Provisions

June 6, 2018 1296 Views 0 comment Print

Sasan Power Limited (GST AAR  Madhya Pradesh) A plain reading of Section 97(2) clearly implies that the any question relating to CENVAT credit, which falls under transitional provision, shall be out of purview of Advance Ruling. Admissibility of input tax credit, as given in section 97(2), relates to ‘input tax credit’ as defined in Section […]

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