Follow Us:

Archive: January, 2019

Posts in January, 2019

Default in issuing Form 16 Salary TDS certificates makes employer liable to prosecution

January 15, 2019 2163 Views 0 comment Print

The petitioner says that he is a senior citizen of 65 years of age and because he is not in possession of Form No.16, he has suffered at the hands of the Department. Let, therefore, the necessary steps be taken in law so that such occurrences are avoided in future.

Merely holding shares for a short period will not convert capital gain into business income

January 15, 2019 1590 Views 0 comment Print

Pr. CIT Vs M/s Viksit Engineering Ltd. (Bombay High Court) We note the fact, that the issue of classification of income on sale of shares as business income or as short term capital gains is to be decided the facts of each case. The tests to be applied for such determination is provided in CBDT Circular No.4 of […]

Reg. Advance Authorisation by CA to avail Input Tax Credit

January 15, 2019 3891 Views 0 comment Print

Notification No. 48/2017 amended to amend the meaning of Advance Authorisation by  chartered accountant (CA) to avail Input Tax Credit vide Notification 01/2019 Dated 15th January, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) [CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS] Notification No. 01/2019-Central Tax New Delhi, the 15th January, 2019 G.S.R. (E).- In exercise […]

Section 148 notice cannot be issued against deceased Assessee

January 15, 2019 8841 Views 0 comment Print

Rajender Kumar Sehgal Vs ITO (Delhi High Court) When the notice was issued, the assessee was already dead. If the Department intended to proceed under Section 147 of the Act, it could have done so prior to 31st March 2017 by issuing a notice to the LRs of the deceased. Beyond that date it could […]

Service Tax Audit is Primafacie Permissible even under GST Regime

January 15, 2019 4968 Views 1 comment Print

M/s. Gitanjali Vacationville Private Limited & anr. Vs The Union of India & anr. (Calcutta High Court) Audit under Service Tax can continue post GST Section 174 is the repeal and saving provisions. Sub-Section 1 of Section 174 repeals the provisions of the various statutes as mentioned therein. Sub-Section (2) of Section 174 stipulates that, notwithstanding […]

Registration of NGOs seeking FCRA Services on DARPAN Portal will be OPTIONAL

January 15, 2019 2247 Views 0 comment Print

It has been decided that the requirement of registration with the DARPAN Portal will be OPTIONAL for all NGO seeking FCRA Services. However, Associations/NGOs, which have already registered with the DARPAN Portal or those which are required to register under the DARPAN portal since they receive subsidies/grants/contribution from public funds, may still continue to quote their DARPAN.

Applicability of Service Tax on ADB and IFC – reg

January 15, 2019 2328 Views 0 comment Print

Kind reference is invited to Circular No 83/02/2019-GST dated 01.01.2019 clarifying that that the services provided by IFC and ADB are exempt from GST in terms of provisions of IFC Act, 1958 and ADB Act. The exemption will be available only to the services provided by ADB and IFC and not to any entity appointed by or working on behalf of ADB or IFC.

Political stability, Decisive Leadership and a Clear Mandate – Their Relationship with Growth

January 15, 2019 762 Views 0 comment Print

India’s post-Independence economic study can be divided into two parts with 1991 as a cut-off line. The regulated economy restricted India’s potential for forty years. From 1951-52 till 1990-91, India’s GDP grew by 4.2% per annum. The per capita income grew by 2% each year.

GST on Paintings, Old/Antique jewellery/Cars/watches/Collectibles/Books

January 15, 2019 20076 Views 0 comment Print

In re Safset Agencies Private Ltd (Astaguru.com) (GST AAR Maharashtra) (i) Paintings as described by the applicant will be classifiable under Heading 9701 and the applicant must pay GST of 12% on the sale value. (ii) Old Cars:- Motor Vehicles fall under Heading 8703 of the GST Tariff. All the items under 8703 attract 28% […]

Cenvat credit on maintenance charges for common area of business premises

January 15, 2019 2166 Views 0 comment Print

CESTAT Delhi has allowed Cenvat credit on maintenance charges for common area of a business premises taken on rent by assessee. The charges were related to roads, street lights, drainage, etc., provided beyond the manufacturing premises but were charged based on per square meter of business premises occupied.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031