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Archive: 23 January 2019

Posts in 23 January 2019

Arrest by DGCEI without SCN is Unconstitutional: SC

January 23, 2019 1080 Views 0 comment Print

Union of India & Ors. Vs Ms. Make My Trip (India) Pvt. Ltd. (Supreme Court) The issue is as to whether the power of arrest under Section 91 of the Finance Act, 1994 can be exercised without following the procedure as set out in Section 73A(3) and (4) of the said Act. The High Court […]

GST Effect on Gold Jewellery

January 23, 2019 13758 Views 5 comments Print

Indians and specifically women of India are very much found of gold jewellery. After the implementation of Goods and Service Tax on 1st July, 2017, the price of gold has seen some fluctuations due to the additional tax burden. Under the earlier tax regime 1% service tax was levied on the gold and 1% VAT […]

MHA revokes Suspension of 37 Associations on opening FCRA account

January 23, 2019 483 Views 0 comment Print

37 associations mentioned in the annexed list have opened their bank account(s) as mandated under section 17 of the FCRA, 2010 in PFMS-integrated banks and have complied with the Government directions issued under section 46 of the Act.

Fees U/s. 234E leviable on all TDS return filed late after 01.06.2015

January 23, 2019 3153 Views 1 comment Print

Irrespective of the period to which the quarterly return pertains, where the return is filed after 1.6.2015, the AO can levy fee under section 234E of the Act.

GST Input Tax Credit Concept With Example

January 23, 2019 7746 Views 1 comment Print

The basic reason for the implementation of ‘Goods and Service Tax’ is the removal of the cascading effect i.e. the effect of the tax on tax. Uninterrupted and seamless chain of the input tax credit is the key feature of the Goods and Service Tax. Under the current article we would understand different levies of […]

Non-alcoholic beverage Prohance-D attracts GST @ 18%: AAR

January 23, 2019 2142 Views 0 comment Print

In re Sun Pharmaceutical Industries Ltd. (GST AAR Maharashtra) Chapter heading 2106 of the Tariff specifically covers ‘Food preparations not elsewhere specified or included’ and in view of the submissions made by the applicant it is clear that ‘Prohance-D (Chocolate)’ is a food preparation which is meant to be consumed by people by dissolving the […]

GST AAR application submitted without filing fees is liable for rejection

January 23, 2019 960 Views 0 comment Print

In re The Kreations Builders & Devlopers (GST AAR Maharashtra) It is mandatory as per section 97(1) read with Rule 104 of the CGST/MGST Act to pay applicable fee of Rs. 5000/- each under SGST and CGST Act to be deposited as per the provision of Section 49 of the Act. If not the application […]

Uniform trading & delivery lot size for commodity derivatives

January 23, 2019 612 Views 0 comment Print

The practice of different trading and delivery lot sizes, at times, puts participants in disadvantageous positions. The matter was discussed in CDAC and based on the recommendation of CDAC it has been decided that the exchanges shall follow the policy of having uniform trading and delivery lot size for the commodity derivatives contracts.

Service Recipient cannot obtain Advance Ruling unless paid GST under RCM

January 23, 2019 1665 Views 0 comment Print

Applicant who is recipient of services cannot obtain GST advance ruling unless the recipient is paying the taxes under reverse charge mechanism on the transaction of receipt of supply.

Clarifications in SEBI (Depositories and Participants) Regulations, 2018

January 23, 2019 1194 Views 0 comment Print

(i) For the purpose of Regulation 24 (9) and Regulation 24 (10) of SEBI (D&P) Regulations 2018, a recognized clearing corporation shall not be considered as a Depository Participant.

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