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Archive: September, 2018

Posts in September, 2018

No Profiteering if increase in price was to compensate denial of ITC

September 27, 2018 1164 Views 0 comment Print

Sh. Jijrushu N. Bhattacharya Vs. M/s NP Foods (National Anti -Profiteering Authority) It is apparent from the record that the GST on restaurant service has been reduced by the Central Government vide Notification No. 46/2017-Central Tax (Rate) dated 14.11.2017 from 18% to 5% and ITC has been disallowed. It is also revealed that the Applicant […]

SC Judgment on Validity of Aadhaar for Telephone, ITR etc

September 27, 2018 1704 Views 0 comment Print

Justice K.S. Puttaswamy (Retd.) & Another Vs. Union Of India & Others (Supreme Court) (1) Whether the Aadhaar Project creates or has tendency to create surveillance state and is, thus, unconstitutional on this ground? Incidental Issues: (a) What is the magnitude of protection that need to be accorded to collection, storage and usage of biometric […]

CCI imposes penalty upon Esaote for abusing dominant position

September 27, 2018 1467 Views 0 comment Print

The Competition Commission of India (CCI) has imposed a penalty of Rs. 9.33 lac upon Esaote S.p.A and Esaote Asia Pacific Diagnostic Pvt. Ltd. (‘Esaote’) for abusing dominant position in supplying dedicated standing/ tilting MRI machines.

GSTR 9 Annual GST Return- 23 Suggestion by ICAI

September 27, 2018 25959 Views 5 comments Print

ICAI has submitted 23 Suggestions on GST 9- Annual GST Return to Hon’ble Union Minister of Finance, Shri Arun Jaitley, which are as follows:-

UDIN mandatory with effect from 1st January, 2019 for Practising CAs

September 27, 2018 10728 Views 0 comment Print

Unique Document Identification Number (UDIN) to secure the certificates/documents attested/certified by practicing Chartered Accountants which will be made mandatory with effect from 1st January, 2019.

Section 68 not applicable on Acquisition of shares of certain companies by issuance of shares to respective parties of Appellant Company

September 26, 2018 1413 Views 0 comment Print

This is a simple case of acquiring shares of certain companies from certain shareholders without paying any cash consideration and instead the consideration was settled through issuance of shares to the respective parties. Moreover, in the balance sheet of the assessee company in the schedule to share capital, it is very clearly mentioned by way of note that the fresh share capital was raised during the year for consideration other than cash. Hence ITAT hold that provision of section 68 of the Act are not applicable in the instant case

Implementation of Tax Deduction at Source (TDS) under GST- Reg.

September 26, 2018 5100 Views 0 comment Print

Circular No. 65/39/2018-DOR, dated 14.09.2018 lays down guidelines for deductions and deposits of TDS by the DDO under GST. Detailed forms have already been prescribed vide FORM GST REG- 07, FORM GSTR- 7.

GST on Residential programmes or camps meant for advancement of religion, spirituality or yoga by trusts

September 26, 2018 6045 Views 0 comment Print

Circular No. 66/40/2018-GST F. No. 354/314/2017-TRU Government of India Ministry of Finance Department of Revenue Tax research Unit **** Room No. 156, North Block, New Delhi, 26th September 2018 To, The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) / The Principal Director Generals/ Director Generals (All) Madam/Sir, Subject: GST on […]

Reassessment on mere audit objections without any tangible material is invalid

September 26, 2018 1878 Views 0 comment Print

Siddhi Vinayak Aeromatics (P) Ltd. Vs ACIT (ITAT Delhi) In this case Assessee had filed complete details as required during assessment proceedings and after complete verification of the details assessment was framed by AO under section 153/143(3) of Income Tax Act, 1961. AO had not produced any tangible material that there was failure on the […]

Dealer not obligated to pay penalty at 15% | Section 74(5) | CGST Act 2017

September 26, 2018 6423 Views 0 comment Print

Section 74(5) of the Act merely enables the petitioner to pay penalty at 15% on his own accord, in which event the assessing authority cannot thereafter issue a notice seeking recovery of the balance 85% penalty (i.e., penalty equivalent to the tax specified in the no­tice).

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