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Archive: 26 March 2019

Posts in 26 March 2019

Penalty U/s. 271(1)(c) not justified without specifying the grounds in penalty notice

March 26, 2019 23658 Views 1 comment Print

AO was not justified in imposing penalty under section 271(1)(c) on assessee without specifying the grounds in the penalty notice as the same could not be construed as a mere technical error

TDS u/s 195 on commission paid to overseas agents?

March 26, 2019 9855 Views 0 comment Print

Commission paid to non-resident agent was not liable to tax under the provisions of act when the services were rendered outside India, payments were made outside India and there was no permanent establishment or business connection in India, therefore, assessee was not required to deduct TDS u/s 195(2).

GST on repairing & servicing of transformers owned by WBSEDCL

March 26, 2019 9237 Views 0 comment Print

In re Alok Bhanuka (GST AAR West Bangal) Repairing and servicing of transformers owned by another person is not job work as defined under section 2(68) of the GST Act. It is composite supply unless the contract specifies that the goods and services are to be separately charged. The principal supply is the service of […]

Food supplements classifiable under HSN 2106: AAR West Bengal

March 26, 2019 9210 Views 0 comment Print

Food supplements are not specifically covered under any HSN. The Section or Chapter Notes or the Explanatory Notes to the Tariff Act do not contain any specific reference to inclusion of food supplements

Notice served at wrong address renders reassessment proceedings invalid

March 26, 2019 4689 Views 0 comment Print

Since Department had correct address of assessee and sending notice for reassessment at incorrect address drawing a presumption of service of notice was rendered assessment proceedings as invalid.

Odisha Electricity Regulatory Commission notified by CBDT U/s. 10(46)

March 26, 2019 600 Views 0 comment Print

CBDT notifies ‘Odisha Electricity Regulatory Commission’, Bhubaneswar,’ under clause (46) of section 10 of the Income-tax Act, 1961 vide Notification No. 28/2019 Dated 26th March, 2019.

Annual Closing of Govt A/cs- Special RBI Measures for FY 2018-19

March 26, 2019 1008 Views 0 comment Print

The Government of India has desired that all government transactions done by agency banks for Financial Year 2018-19 must be accounted for within the same financial year and has requested that, as in previous years, certain special arrangements be made for this purpose.

Transfer of Business as a going concern exempt from levy of GST: AAR

March 26, 2019 20970 Views 3 comments Print

In re Innovative Textile Ltd. (GST AAR Uttarakhand) Whether business transfer agreement as a going concerned on slump sale basis is exempted from the levy of GST in terms of sl. no. 2 of the notification no. 12/2017 central tax (Rate) dated 28-06-2017? From the record we find that the applicant is carrying on the […]

GST Rate on Sell of threshed and re-dried tobacco leaves

March 26, 2019 1170 Views 0 comment Print

What will be the applicable rate of tax if the applicant gets the tobacco leaves threshed and re-dried? 28% (14% SGST +14% CGST) as per SI.No. 13 of Schedule IV Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

GST rate on tobacco leaves re-dried without getting them threshed

March 26, 2019 507 Views 0 comment Print

What is the applicable rate of tax if the applicant gets the tobacco leaves re-dried without getting them threshed? 5% (2.5% SGST + 2.5%CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

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