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Archive: 19 December 2018

Posts in 19 December 2018

E-Way Bill: Common Enrolment for Registered Transporters -Points to Remember

December 19, 2018 28437 Views 1 comment Print

One of the requests of the transporters was that they have to be allowed to use one registration number for updation of e-way bills throughout the country. That is, once the e-way bill generated with one of GSTIN of its company, the system should enable to update the Part-B using any of their GSTINs without […]

GST on Services Provided to NGOs Registered as Charitable Trust

December 19, 2018 16434 Views 2 comments Print

In re Ecosan Services Foundation (GST AAR Maharastra) Question : Services provided to (NGO) Non-profit organization registered as Trust having registration U/s. 12AA of Income Tax Act, amounts to provision of service and any grant/ Donation received towards performing specific service towards preservation of environment as specified in notification no 12/2017, Whether amounts to provision of […]

GST payable on freight charges recovered from customers without issuance of consignment note

December 19, 2018 10422 Views 0 comment Print

In re Siemens Limited (GST AAR Maharashtra) Question:-1. Whether the freight charges recovered by the Applicant under the aforesaid contract from the customer without issuance of consignment note will be eligible for exemption from CGST as prescribed in Serial no. 18 of Notification no. 12/2017 – Central Tax Rate F. No. 334/1/2017, dated 28 June […]

GST on engine manufactured & supplied solely & principally for use in railways/locomotives

December 19, 2018 3111 Views 0 comment Print

In re Cummins India Limited (GST AAR Maharashtra) Question :- Whether engine manufactured and supplied solely and principally for use in railways/locomotives are classifiable under HSN Heading 8408 or under HSN Heading 8607 of the Customs Tariff (which has been borrowed for classification purposes under GST regime) as a part used solely or principally for […]

GST in case of supply of maintenance service with incidental supply of goods

December 19, 2018 10266 Views 0 comment Print

In re Cummins India Limited (GST AAR Maharashtra) Since the supply of maintenance service in the present case is for a single price with supply of spare parts/goods as and when required, the supply of both, goods and services are made in conjunction with each other in the ordinary course of business and therefore considering […]

Kerala HC judgment on Extension of Income Tax Return Due Date

December 19, 2018 2295 Views 0 comment Print

Kerala High Court ruling on Income Tax return deadline. Assessees facing difficulties due to floods can apply for extension under Section 119(2)(b). Waiver for interest/penalty for late payment also allowed.

Distribution of Cenvat credit to other units optional till 2016

December 19, 2018 738 Views 0 comment Print

Bombay High Court has held that it was within the discretion of the assessee whether to utilize Cenvat credit at one of its unit or distribute it amongst other units providing output The High Court however dismissed appeal observing that the entire exercise was revenue neutral as distribution of Cenvat credit to various units would result in lesser service tax being paid by them.

Exemption Use in any other project but for specified work, does not bar exemption

December 19, 2018 843 Views 0 comment Print

CESTAT Mumbai has allowed benefit of Notification No. 21/2002-Cus. (Sl. No. 230) to hydraulically operated self-propelled piling rig for construction of road in a case where it was alleged that the goods were involved in activities other than those specified.

Specific info of bogus share application money cannot be treated as mere suspicion

December 19, 2018 1101 Views 0 comment Print

M/s Etiam Emedia Limited Vs ITO (Madhya Pradesh High Court) Conclusion:  Reopening of assessment was justified as there was specific information available with the authorities that assessee was a dummy concern used to route unaccounted money by way of bogus share application money. It was not a case of mere suspicion, it was a case, wherein […]

GST: Deduction of Value of Land – Notional or Actual ??

December 19, 2018 10260 Views 0 comment Print

Challenging the deemed value of land shall be far more difficult than what it seems. It shall be better if an alternate structure is adopted for transfer of land (e.g. separation of land owner and developer) to keep the fair value of land outside the ambit of GST.

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