"27 September 2018" Archive

GST order Cancelling registration is appealable: HC

M/s Viraat Traders Vs State of Punjab and others (Punjab and Haryana HC)

M/s Viraat Traders Vs State of Punjab and others (Punjab and Haryana HC) Challenge in the present writ petition is to the order dated 23.05.2018 passed by Excise and Taxation Officer Ludhiana-3 cancelling the registration of the petitioner under the Punjab Goods and Services Tax Act, 2017 (in short ‘the Punjab GST Act’) It is...

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Reduce your tax & optimize your returns with ELSS

Under tax laws, savers have a complete buffet of tax saving instruments like Life Insurance, Public Provident Fund (PPF), tax-saving fixed deposits, National Savings Certificate (NSC), and Equity-linked Saving Scheme (ELSS). Yet, in reality, individuals often make wrong investment decisions with their tax-saving investments....

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GST Reconciliation -Cash-Credit Ledger-GSTR-1-GSTR-3B-Tally

UPDATED GST Reconciliation.Copy your data from the GSTR-3B/1-PDF file and paste the same in the sheet given in the file. Provide details as per tally. Enter GST payment details in Cash ledger. Enter Transitional Credit/Refund Claimed in Credit Ledger.  ...

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Check list for GST Audit

Sales: 1. While filing GSTR-1, we may also have wrongly quoted some of our customers GSTIN. Correct it before September, 2018 Return by Submitting online Debit note. 2. Matching All returns with GST3B Summary with GST1 Sales. 3. Tax on sale of Used Motor Vehicles : Three types of taxes during the year. For vehicles […]...

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Comparable with functional and risk profiles difference cannot be selected

M/s. Mckinsey Knowledge Centre India pvt. Ltd. Vs Pr. Commissioner of income tax (Delhi High Court)

M/s. Mckinsey Knowledge Centre India pvt. Ltd. Vs PCIT (Delhi High Court) The revenue urged that a stringent application of the comparability test was unnecessary as was also provisioned in Chapter-6 of United Nations Practical Manual on Transfer Pricing, Edition 2013, and some flexibility in conducting this comparison was urged to be all...

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Co-coparcener cannot challenge sale made by Karta of HUF due to legal necessity

Kehar Singh (D) Thr. L.Rs. & Ors.Vs Nachittar Kaur & Ors. (Supreme Court)

Kehar Singh (D) Thr. L.Rs. & Ors.Vs Nachittar Kaur & Ors. (Supreme Court of India) Once the factum of existence of legal necessity stood proved, then, in our view, no co­-coparcener (son) has a right to challenge the sale made by the Karta of his family. The plaintiff being a son was one of the co­-coparceners along with ...

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AAAR Uttarakhand upheld GST on Abhivahan Shulk (Transit Fee)

In re Divisional Forest Officer (GST AAAR Uttarakhand)

In re Divisional Forest Officer (GST AAAR Uttarakhand) Issue- Only issue to be decided in present appeal is that “whether Abhivahan Shulk (Transit Fee) collected by the appellant (A Govt. of Uttarakhand Department and one of the limbs 819/X-2-2012-21(13)/2011 dated 8.05.2012 shall be exigible to GST under SAC 9997 as Other Service...

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ITC of goods & services used in erection of infrastructure for leasing to Telecom operators

In re Vindhya Telelinks LTD (GST AAR Uttarakhand)

In re Vindhya Telelinks LTD (GST AAR Uttarakhand) Whether applicant is eligible for ITC of goods and services used for erection of infrastructure to which fibre cables are connected for leasing to Telecommunication operators? we observe that if the goods are movable from one place to another in the same position or liable to be dismantle...

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GST on Component of solar power generation system & nature of supply

In re Eapro global limited (GST AAR Uttarakhand)

In re Eapro global limited (GST AAR Uttarakhand); Component of solar power generation system and nature of supply thereof, whether mixed or composite and rate of tax there on? (i) Supply of solar inverter, controller, battery and panels would covered under “Solar Power Generating System” as a whole in terms of serial no. 234 of Sched...

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TDS not deductible on reimbursement of management charges to overseas HO

Lloyd’s Register Quality Assurance Ltd. (India Branch Office) Vs DDIT (ITAT Mumbai)

Where assessee (Indian branch office) had reimbursed the payments towards management charges to its overseas head office, addition under section 40(a)(ia) was unjustified because it was against the object of Indo-US DTAA....

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