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Archive: 12 March 2019

Posts in 12 March 2019

Requirement to File Form DPT-3

March 12, 2019 12255 Views 0 comment Print

E-form DPT-3 Onetime Return for disclosure of details of ‘outstanding money’ or ‘loan received‘ by a company but not considered as deposits in terms of Section 73 read with Rule 2(1) (c) of the Companies (Acceptance of Deposits) Rules, 2014. Applicability: Every company, other than Government Company: Shall file within ninety days from the date […]

Sales tax on free replacement of defective parts during warranty period : SC refers to Larger Bench

March 12, 2019 4689 Views 0 comment Print

In case of warranty for the supply of free spare parts, once the replacement was made and the defective part was returned to the manufacturer, whether sales tax would be payable on such a transaction relating to the spare part, based on a credit note, which may be issued for the said purpose to dealer by the manufacturer was referred to Larger Bench to decide.

Amount paid to SEBI under consent order is allowable business expense

March 12, 2019 1734 Views 0 comment Print

Payment made by assessee to SEBI under consent order was an allowable business expenditure under section 37(1) and the same was not in the nature of the penalty for infraction of the law.

Goods detained shall be released to petitioner on furnishing bank guarantee: HC

March 12, 2019 807 Views 0 comment Print

I am of the view that the goods detained shall be released to the petitioner on furnishing bank guarantee in terms of the order passed under Section 129(1)(a) of the CGST Act, 2017. The petitioner shall file an appeal within a period of one month.

GST Compliance = Classification + Valuation

March 12, 2019 4032 Views 0 comment Print

GST Compliance was founded on the bed-rock of balance between Classification and Valuation. GST is applicable on each and every supply transaction. In this regard, there were several misnomers among professionals and assessees w.r.t  GST Rate applicability on taxable supplies viz.

Section 54EC deduction for Amount not invested in REC Bonds within prescribed time due to Delay in receipt of sale consideration amount

March 12, 2019 1701 Views 0 comment Print

Where assessee had deposited sale consideration amount in the Escrow Account as a security in respect of future liabilities of the company/ transferor, the year of taxability, irrespective of the delay in making investment in REC Bonds on account of uncertainty involved for receiving the amount, the year of taxability was year of receipt and therefore, assessee was eligible for deduction under section 54EC.

GST advance ruling application liable for rejection in absence of full fees payment

March 12, 2019 1368 Views 0 comment Print

In re Ms. Umadevi Kamalkumar Patni (GST AAR Maharashtra) For an applicant, 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 in the manner as provided under Section 49 of the Act. If […]

AAR Karnataka allows Robo Silicon Private Limited to withdraw application

March 12, 2019 363 Views 0 comment Print

The Applicant Company is engaged in manufacturing and supply of sand and a range of construction materials. They obtained mining rights from the Government of Karnataka for quarrying minerals from the mines located at different locations within the state of Karnataka.

AAR Karnataka allows Robo Quaaries Private Limited to withdraw application

March 12, 2019 285 Views 0 comment Print

What is the classification for the services received by M/ s Robo Quarries Private Limited from the state of Karnataka for which Royalty is being paid by M/s Robo Quarries Private Limited? Whether the said service can be classified under the heading 9973 specifically under 997337 as licensing services for the right to use minerals including its exploration and evaluation or any other service under notification No 11/2017 -Central Tax (Rate) dated 28.06.2017 ?

Comply with RBI requirements related to corporate debt securities: SEBI

March 12, 2019 486 Views 0 comment Print

It is clarified that all the circulars and directions issued hereinafter by RBI w.r.t investment conditions for FPI Investment in corporate debt securities shall be complied with as per the timelines specified in the RBI circular(s). No separate circular(s) shall be issued by SEBI. All the intermediaries may take steps required to operationalize the RBI Circular(s

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