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Archive: March, 2019

Posts in March, 2019

Sensitization: The key to implementation of PIT Regulations

March 22, 2019 1869 Views 0 comment Print

CS Ambika Mehrotra Background of the Regulations The strong and decisive steps taken by the Securities and Exchange Board of India with respect to the Prohibition of Insider Trading Regulations have been quite a matter of concern for last couple of months. The modifications in the existing SEBI (Prohibition of Insider Trading) Regulations, 2015 (‘PIT Regulations’) were […]

S. 271(1)(c) Penalty notice is defective if not specifies a particular charge

March 22, 2019 2157 Views 0 comment Print

RBM Pati Joint Venture Vs DDIT (ITAT Delhi) An insight over the penalty order, we find that the penalty was initiated on account of loss claimed by the appellant on sale of assets, even though, that particular block of assets had not been exhausted. We do not find any justification to discard the findings reached […]

Incidence of CST or sale of goods, occurs where goods are appropriated to contract

March 22, 2019 2946 Views 0 comment Print

Commissioner of Value Added Tax Vs Otis Elevator Company (India) Ltd. (Delhi High Court) The placement of an order by the agent for procurement of the lifts, in this case, was merely an offer. It is only upon its acceptance and further steps taken by the supplier that an offer crystallizes into a binding promise […]

GST on providing service for procurement of agricultural produce

March 22, 2019 9921 Views 0 comment Print

In re Rajasthan Rajya Sahakari Kriya Vikriya Sangh Ltd (GST AAR Rajasthan) 1. Whether the applicant is liable for charging goods and service tax under the RGST Act, 2017 and CGST Act, 2017 on providing service for procurement of agricultural produce i.e. oilseeds and pulses from farmers either itself or through Kray Vikray Sahakari Samiti […]

EPFO to provide calculation sheet at the time of PF withdrawal

March 22, 2019 1431 Views 0 comment Print

In order to increase transparency in respect of provident fund settlement withdrawal and to reduce the confusion & grievances of the subscribers, it has been decided that calculation worksheet of provident fund withdrawal of each member is to be provided either on their registered mobile number or the Email ID provided in the claim form.

Tata Harrier vehicle classifiable under Tariff Item 87033291: AAR

March 22, 2019 8235 Views 0 comment Print

In re Tata Motors Limited (GST AAR Maharashtra) Question 1.1 Whether Tata Harrier vehicle, which has following specifications, is classifiable under Tariff Item 8703 32 91 or 8703 32 99 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)? Answer:- In view of the above discussions Tata Harrier vehicle, is classifiable under Tariff […]

AAAR cannot determine the place of supply

March 22, 2019 2292 Views 0 comment Print

In re Micro Instruments (GST AAAR Maharashtra) Coming to the present case, we observe that in order to determine which levy, whether export, or CGST or IGST, will be imposed on the said supply of ‘intermediary services’ of the Appellant, we will have to determine the place of supply. Then only we can determine the […]

GST on packaging materials viz. cut to size blanks manufactured with corrugation

March 22, 2019 16224 Views 1 comment Print

In re TCPL Packaging Limited (GST AAR Maharashtra) Question :- Whether the packaging materials viz. cut to size blanks manufactured by TCPL with corrugation and having requisite creases at designated places, supplied to the Customers in flat form with folding, can be categorized under Tariff Item Code no 4819 and subject to GST @ 12%? […]

Polypropylene Mat plaited using polypropylene Straw falls under CTH 46019900

March 22, 2019 2079 Views 0 comment Print

In re Sameer Mat Industries (GST AAR Tamilnadu) 1. Whether Polypropylene Mat which are plaited using polypropylene Straw falls under Chapter Heading 4601 or 3902? The Polypropylene Mat which are plaited using Polypropylene Straw is classifiable under CTH 46019900 2. What is the  tax rate for Polypropylene Mats ? The applicable tax rate from 1.7.2017 […]

AAR cannot give ruling on ‘Place of Supply’ of goods: AAR Tamil Nadu

March 22, 2019 1479 Views 0 comment Print

The Act limits the Advance Ruling Authority to decide the issues earmarked for it under Section 97(2) and no other issue can be decided by the Advance Ruling Authority. The issue for which Advance Ruling is sought depends on the ‘Place of Supply’ of the goods, which is not in the ambit of this authority. The Application is therefore rejected without going into the merits of the case, on the issue of lack of jurisdiction.

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