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Archive: 04 February 2019

Posts in 04 February 2019

GST: Section 129(1)(b) applies to transporter as person interested in goods

February 4, 2019 16239 Views 0 comment Print

Daily Express Vs Assistant State Tax Office (Kerala High Court) We cannot accept the argument of the appellant for the reason that Section 129(1) makes it adequately clear that any person who is interested in the goods shall be liable under Section 129(1)(b). Particularly, a reading of Section 129(6) would indicate that where a person […]

IGST exemption on supply of services having place of supply in Nepal or Bhutan Reg.

February 4, 2019 4938 Views 0 comment Print

Exemption to Supply of services where place of supply is Nepal & Bhutan, against payment in rupees–  Seeks to rescind Sl. No. 10D of Notification No. 09/2017-Integrated Tax (Rate) dated 28.06.2017 in relation to exemption of IGST on supply of services having place of supply in Nepal or Bhutan, against payment in Indian Rupees vide Notification No. […]

Ad-hoc disallowance without pointing out any defects in books or vouchers not sustainable

February 4, 2019 13380 Views 1 comment Print

ACIT Vs M/s. Modi Rubber Limited (ITAT Delhi) Disallowance had been made on ad-hoc basis without pointing out any defects in assessee books or vouchers maintained for impugned expenses, and, the same was not, therefore, sustainable. FULL TEXT OF THE ITAT JUDGMENT This appeal has been filed by the Revenue against the order dated 20/01/2014 […]

जीएसटी मोटर व्हीकल्स पर इनपुट क्रेडिट – एक वस्तुस्तिथि

February 4, 2019 74970 Views 10 comments Print

कार , स्कूटर्स , मोटर साइकल्स इत्यादि यदि आप अपने व्यवसाय के लिए खरीदते हैं या उनकी मरम्मत कराते हैं , टायर बदलवाते हैं और इस पर जीएसटी का भुगतान करते हैं तो क्या आप इसकी इनपुट क्रेडिट ले सकते हैं क्या ? यह सवाल कई बार पूछा जाता रहा है तो आइये आज इस […]

Blocked ITC Under GST from 01-02-2019

February 4, 2019 27168 Views 0 comment Print

FMCG    PE  = > AN EASY TO REMEMBER “SHORT FORM “ FOR BLOCKED CREDIT UNDER GST       BLOCKED INPUT TAX CREDIT As per amended section 17 of CGST Act which is applicable from 01-02-2019, A registered taxpayer is not entitled to avail of the credit of taxes paid in respect of certain goods or services, even […]

Advance authorisations – HC quashes ‘Prior import condition’

February 4, 2019 4476 Views 0 comment Print

Gujarat High Court has quashed the ‘pre-import condition’ under Advance Authorisation regarding prior imports for manufacture of export goods. It observed that such condition, after introduction of GST, lead to cash blockage and made imports under Advance Authorisation next to impossible. The condition was also held as not meeting test of reasonableness. It may be noted that this condition was in force from 13-10-2017 to 9-1-2019.

Assessee Intention during purchase of shares is paramount to determine Tax Liability

February 4, 2019 1002 Views 5 comments Print

ACIT Vs Shri Finance (ITAT Delhi) Quantum or total number of transactions may not be determinative but in a given case, keeping in view the period of holding may indicate intention to make investment. We also find that CBDT Circular no. 6 dated 29.02.2016 also comes to the aid of the assessee wherein it has […]

Comparison Of Tax Structure For Individual For F.Y. 2018-19 & F.Y. 2019-20

February 4, 2019 11745 Views 0 comment Print

COMPARISON OF TAX STRUCTURE FOR INDIVIDUAL FOR F.Y. 2018-19 & F.Y.2019-20 The Interim Budget was announced on 1st Feb, 2019 in Lok Sabha. The comparison of tax structure for individual is as follows: No change in Tax Slab I. In the case of every individual other than individual referred in point (II) and (III): Particulars […]

Conversion of One Business Entity To Another- Tax Implications

February 4, 2019 5526 Views 0 comment Print

The matter for discussion attempted herein, – based on independent thoughts and own viewpoints shared hereby, – concerns the ongoing controversy, with presumably no specific direction or clues for guidance in mind; which is as regards the tax implications of section 47(xiiib), rtw sec 47 A(4) (for short, the enactment), of the Income Tax Act […]

DGFT & CBIC: The ugly face of corrupt practices–5th Story

February 4, 2019 1554 Views 0 comment Print

In respect of the exports, the Parliament has laid down that the task of the DGFT is to facilitate exports. The same applies to the CBIC because the local taxes cannot be exported therefore there is no responsibility of the collection of the taxes associated with the exports, but the responsibility is to administer the […]

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