"13 September 2018" Archive

TCS provisions under GST effective from 01.10.2018

Notification No. 51/2018 – Central Tax (13/09/2018)

CBIC notifies that Section 52 of the CGST Act (provisions related to TCS) will come into force w.e.f 01.10.2018 vide Notification No. 51/2018 – Central Tax Dated: 13th September, 2018 Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs New Delhi Notification No. 51/2018 – Central...

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TDS provisions under GST effective from 01.10.2018

Notification No. 50/2018–Central Tax [G.S.R. 868(E)] (13/09/2018)

CBIC notifies that Section 51 of the CGST Act (provisions related to TDS) will come into force w.e.f 01.10.2018 vide Notification No. 50/2018 – Central Tax Dated: 13th September, 2018 Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs New Delhi Notification No. 50/2018 – Central...

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CBIC notifies FORM GSTR – 9C – Reconciliation Statement & Certification

Notification No. 49/2018 – Central Tax (13/09/2018)

CBIC notifies FORM GSTR – 9C – Reconciliation Statement & Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by the person who had conducted the audit vide Notification No. 49/2018 – Central Tax Dated: 13th September, 2018. Government of India Ministry of Finance (Department of Revenue) ...

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All about Employees Provident Fund Act,1952

Employees Provident Fund is established in 1952 and hence the act is named as Employees Provident Fund & Miscellaneous Provisions Act, 1952, which extend to the whole of India except Jammu & Kashmir. Employee Provident Fund (EPF) Provident fund is a welfare scheme for the benefits of the employees. Under this scheme both the emplo...

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E-way bill declaration made after detention of goods cannot absolve assessee from penalty

Asstt. STO Vs Indus Towers Ltd. (Kerala High Court)

Asstt. STO Vs Indus Towers Ltd. (Kerala High Court) In the present case the delivery chalan which accompanied the transport is one issued by the assessee respondent, over which the assessee has absolute control and could be subject to manipulation. The assessee having transported the goods with delivery chalan, could very well sell the go...

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Jurisdiction U/s. 263 cannot be assumed for non-communication of Form 3CL by DSIR to DIT (E)

Century Seeds Private Limited Vs Deputy Commissioner of Income Tax (ITAT Hyderabad)

Century Seeds Private Limited Vs DCIT (ITAT Hyderabad) With reference to the finding of the Ld. CIT that the Form 3CM and 3CL are not filed which are mandatory, it was the submission that assessee has filed Form 3CM in letter format issued by DSIR granting renewal of recognition up to 3 1.03.2015 by the […]...

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S. 151: Sanction granted by writing ‘Yes, I am satisfied’ is not sufficient

Pioneer Town Planners Pvt. Ltd Vs DCIT (ITAT Delhi)

Where the JCIT/ACIT has only recorded Yes I am satsfied then, it has to be held that the approving authority has recorded satisfaction in a mechanical manner and without application of mind to accord sanction for issuing notice u/s. 148 of the Act for reopening of assessment and in this situation initiation of reassessment proceedings and...

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AAR cannot decide on Transitional CENVAT credit Provisions

Sasan Power Limited (GST AAR Madhya Pradesh)

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 def...

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Loading or Unloading of Goods for Movement out of factory or into factory amounts to Cargo Handling Service

M/s MBA & Company Vs Commissioner of Customs (CESTAT Hyderabad)

If the goods are moved out of the factory or into the factory they meet the definition of cargo and the activities of handling it is cargo handling service. ...

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18% GST on EPC Contract of solar power plant treated as ‘Works contract’

In re RFE Solar Pvt Ltd. (Authority for Advance Ruling)

The contract for Erection, Procurement and Commissioning of Solar Power Plant falls under the ambit Works Contract Services (SAC 9954 ) of Notification no. 11/2017 Central Tax (Rate) dated 28 June, 2017 and attracts 18% rate of tax under IGST Act, or 9% each under the CGST and SGST Acts, aggregating to 18%....

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