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Archive: 01 September 2018

Posts in 01 September 2018

Merely because Agricultural land is declared as industrial land same cannot be held to be a capital asset

September 1, 2018 4464 Views 0 comment Print

ITO Vs Meera Thapa (ITAT Delhi) Assessee has sold agricultural land as it has been proved by the certificate of Tehsildar and other land records. He further held that merely because the land is declared as industrial land same cannot be held to be a capital asset and capital gain cannot be charged on sale […]

Place of supply – Intermediary Services

September 1, 2018 25071 Views 4 comments Print

The confusion still persists about payment of CGST + SGST or IGST on intermediary services. We have tried to analyses the legal position and implications thereof. As per Section 2(13) of IGST Act:  (13) “intermediary” means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods […]

If no income U/s. 5 than no notional income can be brought to tax U/s. 92: ITAT Rules in the case of Shilpa Shetty

September 1, 2018 16740 Views 1 comment Print

Mumbai ITAT Ruling – Section 92 of the Act is not an independent charging section to bring in a new head of income or to charge tax on income which is otherwise not chargeable under the Act. Accordingly, the ITAT held that, if no income accrues or arises or is received by the assessee under […]

Section 40A(2)(b): Interest Rate on Permanent Loan cannot be compared with Rate on Temporary Loan

September 1, 2018 2385 Views 0 comment Print

CIT Vs  Shiv Agrevo Ltd. (Rajasthan High Court) The prevailing market rates of interest for the loans of permanent nature were between 18 per cent, to 24 per cent, whereas the cases compared by AO pertained to the loans of temporary nature and that the assessee had advanced money for the purpose of business needs. […]

Disclosure requirement relating to SBNs not applies to F.Y. 2017-18

September 1, 2018 5244 Views 0 comment Print

In Notes to Account as well as Audit Report, the disclosure requirement relating to SBNs are not applicable for the Financial Year 2017-18 & subsequent years. Consequent disclosures may be made in the Financial Statements/Audit Reports.

Goods seized for non filing of Part-B of E-way Bill must be be released on security

September 1, 2018 1407 Views 0 comment Print

The submission of Sri Vishwjit, learned counsel for the petitioners is that the seizure is on account of non filing Part-B of E-way Bill. Part-B of E-Way Bill requires the details of the vehicle carrying the goods and the destination.

Input Tax Credit with respect to Customs House Agents / Broker Services

September 1, 2018 8613 Views 1 comment Print

GST is settling down and the council is the ray of hopes for further journey and so far. Although, we are trying to comply with the stringent provisions about availment of the Input Tax credit, we are still grappling with few of the input services. Typically, industry keeps importing inputs and capital goods from outside […]

Verification of Transitional Credit (TRAN-1) claimed under GST in Electronic Credit Ledger

September 1, 2018 86982 Views 0 comment Print

It is hereby clarified that the MGSTD (State Tax) authorities should only verify the Transitional Credit in respect of MVAT and Entry Tax. In other words, the State Tax Authorities should not undertake the verification of the CENVAT credit pertaining to the Central Excise Act or, as the case may be, the Service Tax Act.

Circular on eligible and in-eligible GST refund amount & Legal aspects

September 1, 2018 12300 Views 0 comment Print

Maharashtra Govt issued Guideline on Legal aspects about the admissibility or inadmissibility of ITC under MGST Act and rules made thereunder and Quantification of eligible and in-eligible refund amount, and further process in this behalf vide Trade Cir. No. 22T of 2018 dated 01.09.2018 Office of the Commissioner of State Tax, (GST), 8th floor, GST […]

Rate of GST on Ramming Mass & crushed quartz stones

September 1, 2018 7710 Views 0 comment Print

In re Raghav Productivity Enhancers Limited (GST AAR Rajasthan) Ramming Mass which is a Refractory Material, is classifiable under HSN code 3816 and would attract 18% rate of tax under GST (9% CGST + 9% SGST). Quartz powder obtained by crushing Quartz stones falls under HSN code 2806 and would attract 5% rate of tax […]

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