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Archive: August, 2018

Posts in August, 2018

HC explains difference between Res Judicata and Consistency Principle

August 27, 2018 7608 Views 0 comment Print

PCIT Vs. Quest Investment Advisors Pvt. Ltd (Bombay High Court) The decisions cited have uniformly held that res judicata does not apply in matters pertaining to tax for different assessment years because res judicata applies to debar courts from entertaining issues on the same cause of action whereas the cause of action for each assessment […]

Calculation of Lapse of Input Credit for fabrics in GST Regime

August 27, 2018 13827 Views 1 comment Print

Calculation of Lapse of Credit for fabrics- Circular No. 56/30/2018 dated 24-08-2018 -354/290/2018-TRU The Tax Research Unit of CBIC has issued a circular to address the controversy arising due to lapse of credit in respect of fabrics vide Notification 20/2018 dated 26-7-18. The circular deals with calculation of ITC to lapse, impact of lapse of […]

DGFT amends limit for exports on free of cost exports basis for export promotion for Status Holders

August 27, 2018 14586 Views 0 comment Print

The limit of Rs One Crore per year for exports on free of cost exports basis for export promotion for Status Holders is removed and is made 2% of average annual export realization during preceding three licensing years with immediate effect vide Notification No: 28/2015-2020 Dated: 27 August, 2018

Online Status of applications for Import /Non-SCOMET Export/ SCOMET Export Licenses

August 27, 2018 2964 Views 0 comment Print

It is being further informed that applicants may now view the status of their applications for Import /Non-SCOMET Export/ SCOMET Export Licenses on the DGFT’s website dgft.gov.in. To access this facility, applicant may visit the dgft’s website and therein. TRADE NOTICE No. 26/2018 dated 27th August, 2018

Beware of unclaimed ITC for F.Y. 17-18 , claim it on or before filing September’s GST return !!

August 27, 2018 61893 Views 11 comments Print

If a taxpayer forgets to claim ITC in relation to a purchase invoice dated 23rd Dec 2017, then in such case he can claim ITC in relation to this invoice ,any time before filing of annual return or filing any return on or before the return of September month .It is to be noted that this credit can be claimed in any return but before filing September month’s return, As Annual return is not yet made available.

Blasting services are composite supply of goods and services: AAR

August 27, 2018 3663 Views 0 comment Print

In re Khedut Hat (GST AAR Gujarat) Whether the blasting activity carried out by the applicant is to be considered as a ‘supply of goods’ or ‘supply of service’? In the present case applicant uses explosives in the blasting activity at their client’s site. Thus it would be evident that blasting activity is carried out […]

GST Rate on Supply of minerals & erection work as work contract services

August 27, 2018 3273 Views 0 comment Print

In the instant case, the applicant had awarded work to the successful bidder for Supply of Materials and Erection respectively. Therefore, the contract entered by the applicant is squarely falls under the works contract and falls under entry no. (ii) of S. No. 3 of the table of notification no. 11/2017 — Central Tax (Rate), Dated — 28th June 2017 as amended from time to time and corresponding notifications under and MPGST Act, 2017, the applicable rate of tax is 18% (9% under Central tax and 9% State tax).

GST on food, soft drink & ITC on Movie Distributor revenue share bill

August 27, 2018 16905 Views 0 comment Print

In re Jabalpur Entertainment Complexes Pvt. Ltd. (GST AAR Madhya Pradesh) Q1. Whether GST @5% can be charged on food, soft drinks, and snacks sold in the Snack Bar & Food Court in terms of Notification no.46/2017; In respect of Question 1, we hold that the items supplied in Snack Bar and Food Court shall […]

18% GST Payable on works contract undertaken by MPPKVVCL

August 27, 2018 3057 Views 0 comment Print

In re Madhya Pradesh Paschim Kshetra Vidyut Vitran Co. Ltd. (GST AAR Madhya Pradesh) The applicant – Madhya Pradesh Paschim Kshetra Vidyut Vitaran Company Limited (MPPKVVCL) wishes to know whether clause (vi)(a) of Sr. No. 3 of table of Notification No. 11/2017-Central Tax(Rate) dated the 28th June, 2017 is applicable on the works contract undertaken […]

CBDT notifies CBCI Society for Medical Education, Bengaluru u/s 35(1)(ii)

August 27, 2018 1353 Views 0 comment Print

Notification No. 40/2018 – CBDT notifies  M/s C.B.C.I. Society for Medical Education, Bengaluru or under section 35(1)(ii)/(iii) of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962, from Assessment year 2018-2019 onwards in the category of ‘University, College or other Institution’, engaged in research activities. Government of […]

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