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Archive: 13 February 2019

Posts in 13 February 2019

GST is not applicable on the sale or purchase of DFIA

February 13, 2019 72033 Views 1 comment Print

In re Space age syntex Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling set aside  the ruling given by the Advance Ruling Authority by observing  that No GST is applicable on the sale or purchase of DFIA,  as provided in Sr. 122A of the Notification 02/2017-C.T. (Rate) dated 28.06.2017 as amended by […]

Balasore Alloys allowed to withdraw GST AAR Application

February 13, 2019 328 Views 0 comment Print

Before taking up the application for consideration, the Applicant vide letter No. BAL/GST-Corres/134 dated 05.02.2019 informed in writing to withdraw the application filed under Section 97 of CGST/OGST Act,2017. Since, the Applicant is no more desirous of the ruling sought for the application for withdrawal is hereby allowed.

AAR cannot decide if Decision of GST Council for which no notification been issued is binding on department or not?

February 13, 2019 1335 Views 0 comment Print

A ruling on whether the decision of the GST Council granting the exemption is binding on the Department in the absence of non-issuance of corresponding Notification by the Central/State Government is not within the competence and mandate of the Authority of Advance Ruling constituted u/s 96 of the OGST Act.

No Addition for deposits in foreign bank A/c having no connection to income derived in India

February 13, 2019 2331 Views 0 comment Print

AO was incorrect in making addition towards deposits found in foreign bank account of assessee maintained with HSBC Bank, Geneva without establishing the fact that the said deposit was sourced out of income derived in India, when the assessee had filed necessary evidences to prove that he was a non resident since 25 years and his foreign bank account and assets did not have any connection with India and that the same have been acquired / sourced out of foreign income which had not accrued / arisen in India.

Conversion of Cumulative compulsory convertible preference shares into equity shares is not a transfer

February 13, 2019 42852 Views 1 comment Print

Conversion of cumulative and compulsory convertible preference shares(CCPS) into equity shares cannot be treated as ‘transfer’ under section 2(47) and no capital gain is to be computed upon such conversion.

Pre-commencement Interest income is capital receipt

February 13, 2019 3801 Views 1 comment Print

ITO Vs KSK Wind Energy Halagali Benchi Pvt. Ltd. (ITAT Hyderabad) Assessee’s have been incorporated on 03-01-2011 with the object of generation of electricity from non-conventional sources, the project of which is proposed in the state of Karnataka and for this purpose investments have been received in the form of equity capital of the assessee companies […]

Computer based Examination under Customs Brokers Licensing Regulations

February 13, 2019 4632 Views 0 comment Print

Computer based Examination under Regulation 6 of the Customs Brokers Licensing Regulations, 2018 (As Amended); The Examination to be conducted on 15th March, 2019 at designated Examination Centers across India

Accounting of Borrowings / Loans under Ind AS

February 13, 2019 104172 Views 11 comments Print

Accounting of Loans under Ind AS Two Ind AS would be referred for the accounting of loans: Ind AS 109 (Financial Instruments) and Ind AS 113 (Fair Value Measurement). As per Ind AS 109, financial instruments have to be measured at fair value at its initial recognition as per the methodology given by Ind AS […]

Note on form MSME I to be filed by specified Companies

February 13, 2019 30936 Views 16 comments Print

Clarification regarding return to be filed for MSME’s by all specified companies Ministry of Corporate Affairs issued a recent notification dated 22nd January, 2019 in continuation of notification issued by Ministry of Micro, Small and Medium Enterprises dated 2nd November, 2018 for filling of half yearly return by specified companies. Ministry of Corporate Affairs given […]

GSTR 3B Computation Sheet in Excel as applicable from 01.02.2019

February 13, 2019 63117 Views 6 comments Print

The GSTR 3B Computation Sheet in excel format has been updated with latest Amendment in Section 49A of CGST Act, 2017 as amended by CGST (Amendment) Act, 2018 with effect from 1.02.2019. Section 49A  deals with Utilization of Input Tax Credit. As per the amendment The input tax credit on account of central tax, State […]

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