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Archive: 30 October 2018

Posts in 30 October 2018

No transfer on Gift of share in property against cash gift under Family settlement

October 30, 2018 1944 Views 0 comment Print

Jyoti Rakesh Kapoor Vs. ITO (ITAT Mumbai) We find merits in the arguments of the assessee for the reason that the assessee has gifted her 50% share in the property in favour of her brother in law in pursuance of family arrangement between the family members for acquiring separate property for each family member. The […]

Show cause notice cannot pre-judge the issue- Order denying credit cannot be SCN

October 30, 2018 1218 Views 0 comment Print

TVS Motor Company Ltd. Vs Asstt. Commr. of CGST & CE (Madras High Court) The respondent states that the impugned order is only a show cause notice (SCN). This Court is unable to agree with the said stand taken by the learned Senior Panel Counsel appearing for the Revenue, as a show cause notice cannot […]

TDS not deductible on by-product retained by millers, as same was not passed on as Milling Charges

October 30, 2018 5265 Views 0 comment Print

ITO (TDS) Vs. M/s Punjab State Warehousing Corporation (ITAT Chandigarh) The main contention of the Department is that by-product retained by the millers have considerable market value and further that a sum of Rs. 15/- paid as ‘milling charges’ is a nominal cost which is insufficient to meet even the actual cost of services rendered […]

Trust penalized by ITAT for fraudulently seeking exemption as Govt Trust

October 30, 2018 969 Views 0 comment Print

Sri Dashmesh Academy Trust Vs CIT (Exemptions) (ITAT Chandigarh) Identical contentions as were raised by the representatives of the Trust before the lower authorities that the Trust is controlled and managed by the Government or that its funds and properties otherwise belong to the Government, have been raised by the counsel for the assessee Trust […]

Running school buses for fees by Trust is not a commercial activity if same is incident to achieve main object of proving education

October 30, 2018 5595 Views 0 comment Print

Delhi Public School Ghaziabad Vs ACIT (ITAT Delhi) The assessee did not provide transport facility to the outsiders and was providing the same only to the students and the staff working for the society. Since transport facility was incidental to achieve the object of providing education, i.e., the object of the society, therefore, the transport […]

Slump sale of business as going concern to related party qualifies as supply

October 30, 2018 10023 Views 0 comment Print

Seller has agreed to sell, transfer, convey, assign and deliver to the applicant or to any affiliates as directed by applicant for the BPL business which would be transferred as a slump sale on going concern basis. BPL business means BP business, LS Business and PM business as going concern as outlined in ‘Definitions and Interpretations’.

Articles under UAE VAT law and their Analysis

October 30, 2018 4023 Views 2 comments Print

Article-2 of Decree Law Article-2 of Decree law provides scope of VAT in UAE, which provides VAT shall be levied on: a) Every Taxable Supply andDeemed Supply made by the Taxable Person. b) Import of Concerned Goods except as specified in the Executive Regulation of this Decree-Law. Definition of Taxable supply has been provided in Article-1 of Decree law. […]

HC order release of good on payment of Tax of dealer not registered in that state

October 30, 2018 777 Views 0 comment Print

Armour Steel Buildings India (P) Ltd. Vs Asstt. State Tax Officer (Kerala High Court) The petitioner, an assessee under the GST Act in Tamil Nadu, sent goods across to the State. The Assistant State Tax Officer intercepted the goods and detained them. After the initial procedural formalities the petitioner suffered an order under section 129 […]

Rules, Pattern and Syllabus for GST Practitioners (GSTP) Examination

October 30, 2018 59829 Views 4 comments Print

Examination of Goods and Services Tax Practitioners.- (1) Every person referred to in clause (b) of sub-rule (1) of rule 83 and who is enrolled as a goods and services tax practitioner under sub-rule (2) of the said rule, shall pass an examination as per sub-rule (3) of the said rule.

Exercise Caution in dealing with MSRL Group Limited : DGFT

October 30, 2018 3303 Views 21 comments Print

F. No. 01/142/HQ/18-19/ECA.II Government of India Ministry of Commerce and Industry Directorate General of Foreign Trade (Enforcement-Cum-Adjudication-II) Udyog Bhawan, New Delhi Dated: 30th October , 2018 TRADE NOTICE No.36/2018 To All the RAs All the Export Promotion Councils. Subject:- Caution against dealing with MSRL Group Limited, Miami, Florida, USA-regarding. It has been brought to the notice […]

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