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Archive: 09 July 2018

Posts in 09 July 2018

Mushrooms are fungus and Income from production & sale of Mushrooms is ‘agricultural income’

July 9, 2018 26379 Views 0 comment Print

DCIT  Vs. Inventaa Industries Private Limited (ITAT Hyderabad Special Bench) Mushrooms are fungus which are produced from spawn and not plants or crops and hence not agriculture. They are grown in trays of prepared soil in climate controlled rooms for commercial. We cannot restrict the word “product” to ‘plants’, ‘fruits’, ‘vegetables’ or such botanical life […]

HC grants Bail to Person accused of GST Evasion by issuing Fake Invoices

July 9, 2018 7614 Views 0 comment Print

Petitioner Shri Sanjay Kumar Bhuwalka and Neeraj Jain were arrested on 12.05.2018 due to their involvement in the business of generating and selling of fake tax invoices to various entities without supplying the underlying goods or services, thereby facilitating irregular availment and utilization of input tax credit by such entities to whom such fake invoices were issued.

Tax on Interest on enhanced compensation arising on compulsory acquisition of agricultural land

July 9, 2018 13773 Views 0 comment Print

Satbir & Ors. Vs ITO (ITAT Chandigarh) Capital gains–Interest on enhanced compensation arising on compulsory acquisition of agricultural land–Taxability Interest earned under section 28 of Land Acquisition Act, 1894, which is on enhanced compensation, is treated as an accretion to the value and therefore, is part of the enhanced compensation or consideration. Therefore, interest on […]

Anti-dumping duty on High Tenacity Polyester Yarn

July 9, 2018 2901 Views 0 comment Print

Notification No.35/2018-Customs (ADD) seeks to to impose definitive anti-dumping duty on imports of High Tenacity Polyester Yarn (HTPY) from China PR.

GST on Supply of water extracted from tube well after treatment

July 9, 2018 14271 Views 1 comment Print

In re M/s. Membrane Filters (I) Pvt. Ltd. (GST AAR Maharashtra) What is the rate & HSN code of GST is applicable (after it’s introduction from 1st July 2017) when Extracting water from tube well, passing it through treatment plant of removing unwanted contaminants like Iron from ground water and eventually lifting it to overhead […]

GST on catering services provided under B2B Model & B2C Model

July 9, 2018 16170 Views 0 comment Print

In re Ismail Ahamad Soofi (GST AAR Maharashtra) Whether the catering services provided by the Applicant under B2B Model and B2C Model are to be classified as canteen/restaurant services under Entry. No. 7(i) of the Notification No. 11/2017 dated 28th June 2017 as amended by the Notification No. 46/2017-Central Tax (Rate) dated 14th November 2017 or […]

No GST on sale of goods from outside India to a place outside India

July 9, 2018 19275 Views 0 comment Print

In re INA Bearing India Private Limited (GST AAR Maharashtra) Whether the sale of goods, which are located outside India, would be liable to tax in India under section 7(5) (a) of Integrated Goods and Services Tax Act, 2017? There is no doubt that the goods of the applicant would be imported goods if they […]

Export duty on export of Iron Ore by MMTC Limited reduced

July 9, 2018 1626 Views 0 comment Print

Notification No. 51/2018-Customs Seeks to amend the notification No. 27/2011-Customs dated 01 st March, 2011 so as to reduce the export duty on export of Iron Ore by MMTC Limited (only NMDC origin) to Japan and South Korea under the Long Term Agreement (LTA), from 30% to 10%, upto and inclusive of 31.03.2021.

Acceptance of any copy of Shipping Bill in lieu of EP copy of Shipping Bill-Reg.

July 9, 2018 4638 Views 0 comment Print

It has been decided that exporter shall have option to furnish self-certified copy of any copy of shipping bill i.e. Exporter copy/EP Copy/CHA copy/ Exchange Control Copy of shipping bill along with application for EODC in ANF-4F where exports were made on or after 23.11.2016

Steps to be taken by compliance officers in the sea of amendments

July 9, 2018 2325 Views 0 comment Print

In the array of amendments in SEBI (Listing Obligations and Disclosure Requirement) Regulations, 2015 (SEBI LODR) and the Companies Act, 2013 (Act), the compliance for the listed entities has increased significantly. Circulars issued by NSE and BSE add a significant amount of spice to the already overburdened scenario. Amendment in SEBI LODR has changed the […]

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