"09 September 2018" Archive

E-Way Bill System : Forthcoming changes/ improvements

E-Way Bill System- Forthcoming changes/improvements in E-Way Bill System After studying the suggestions and feedbacks of the stakeholders of the e-way bill system, it has been decided to add the following changes/improvements in the e-way bill system to help the tax payers in complying with the GST processes and rules. Most of them are va...

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NAA imposes Penalty for not passing benefit of reduced GST rate to customers

Shri Pawan Sharma c/o Kalptaru Departmental & General Stores Vs M/S Sharma Trading Company (National Anti-Profiteering Authority)

Shri Pawan Sharma Vs M/S Sharma Trading Company (National Anti-Profiteering Authority) We have also carefully considered the issue of imposition of penalty on the Respondent as the allegation of profiteering has been duly established against him. It is clear from the facts of the present case that the Respondent was fully aware of the Not...

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S. 271D / 271E Penalty not leviable on genuine Cash transaction of convenience

Shri Tej Narayan Agarwal Vs Addl. CIT (ITAT Hyderabad)

Shri Tej Narayan Agarwal Vs Addl. CIT (ITAT Hyderabad) Amount received and repaid by the assessee subsequently is not a loan. This is a transaction done on behalf of his children to accommodate tham in obtaining DD’s without charges and cannot be considered as taking of loan or repayment of loan in cash. Facts of […]...

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UP VAT: No interest can be levied on turnover not admitted by dealer

Union Of India Vs The Commissioner, Trade Tax, U.P. Lucknow (Allahabad High Court)

Union Of India Vs The Commissioner, Trade Tax, U.P. Lucknow (Allahabad High Court) In the present case it is an admitted fact that the revisionist disputed the liability of payment of tax and that the revisionist never admitted liability to pay any tax on the transaction in question and this fact that the revisionist is […]...

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Mere Hoarding Renting not amounts to ‘Advertising Agency Service’

Vasantham Outdoor Advertising Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Chennai)

Vasantham Outdoor Advertising Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Chennai) It is evident that the appellant was only renting out the hoardings which were either owned by them or leased to them, to various advertising agencies. There is no allegation that appellant had themselves made prepared displayed or exhibited any adv...

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CIT (Appeals) cannot set aside an Assessment Order: ITAT Delhi

Shri Sanjay Thakur Vs The D.C. I.T. (ITAT Delhi)

Shri Sanjay Thakur Vs The DC IT (ITAT Delhi) Powers of the CIT(A) have been set out in section 251 of the Act. The CIT(A) has more power to send the matter back to the file of the AO for making fresh decision on the issue. Once the assessment order was quashed the CIT(A) has transgressed […]...

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Provisions Relating To Nil Return Under GST

When it comes to return filing one question always hinders into the minds of the taxpayer that in case of no transactions, is it mandatory to file the NIL GST return?...

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No Service Tax on Construction of Residential Complex for Employees

Commissioner of Central Excise Vs The Principal Commissioner of Service Tax (Karnataka High Court)

Commissioner of Central Excise Vs. Principal Commissioner of Service Tax (Karnataka High Court) The ‘Residential Complex’ in question was undertaken to be constructed by the Respondent Assessee M/s. Nithesh Estates Limited for ITC Limited under the Contract dated 01/04/2006. It is equally undisputed before us that the construction act...

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GST Update on Amended Section 140(1) of CGST Act, 2017 restricting carry forward of Cess

The carry forward of the balance of education cess and SHE cess in the GST regime has been a point of discussion for a long time. Although, we had explained in our earlier update that there is no legal prohibition in the CGST Act, 2017 as regards carry forward of the cenvat credit balance of education cess and SHE Cess...

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GST on Mess Services provided by educational institutions

All about GST on Mess Services provided by educational institutions  Question:- Whether mess services supplied by an educational institute to its students, faculty and staff is taxable under GST Act?  Answer:- Service Tax Regime:- Notification No. 25/2012-Service Tax dated 20/06/2012 (Mega exemption) at sl. no. 9 had exempted the follo...

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