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Archive: 04 April 2019

Posts in 04 April 2019

GST on Real Estate- Analysis of Notifications issued on 29.03.2019

April 4, 2019 47679 Views 2 comments Print

ANALYSIS OF THE NOTIFICATION ISSUED BY CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS ON 29.03.2019 DEFINITION AS PER RERA CARPET AREA- ‘carpet area’ means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but […]

Foreign Direct Investment (FDI) Concept & Roadmap

April 4, 2019 7035 Views 0 comment Print

Introduction Foreign direct investment (FDI) in India is a major monetary source for economic development in India. Apart from being a critical driver of economic growth, foreign direct investment (FDI) is a major source of non-debt financial resource for the economic development of India. Foreign companies invest in India to take advantage of relatively lower […]

Commissioner to decide on extending time for filing of revised GST TRAN-1: HC

April 4, 2019 1011 Views 0 comment Print

Jai Laxmi Cement Co.(P.) Ltd. Vs Union Of India (Allahabad High Court) Rule 120A of the CGST Rules, 2017 provides that where a registered dealer submits a declaration electronically in FORM GST TRAN-1 within the time period specified in Rule 117, Rule 118, Rule 119 and Rule 120 he may revise such declaration once and […]

SAD refund – Generic description of imported goods in sale invoices when correct

April 4, 2019 1251 Views 0 comment Print

Observing that the adjudicating authority had not come to the conclusion that the product sold was entirely different and there was nothing on record to disbelief the Chartered Accountant’s certificate stating that both the products were one and the same, Madras High Court has allowed the appeal against the CESTAT Order denying SAD refund.

Section 143A is effective prospectively & s. 148 is effective retrospectively to pending cases

April 4, 2019 9960 Views 0 comment Print

If the provisions are substantive in nature then the same cannot be applied Retrospectively to the pending cases. However, if the provisions are procedural in nature then the same has to be applied to all the cases, including the one pending before the Court.

Jharkhand HC stays Service Tax proceedings initiated post GST introduction

April 4, 2019 4134 Views 0 comment Print

M/s. Sulabh International Social Service Organization Vs Union of India (Jharkhand High Court) Division Bench of Jharkhand High Court igranted stay (status quo) to the proceedings initiated under Service Tax after introduction of GST by issuing notice, summons and visit of officers after taking into account one of the main contention that Service Tax Rules […]

Compulsory Acquisition of Urban Land eligible for Tax Benefit U/s. 10(37)

April 4, 2019 9381 Views 1 comment Print

ITO Vs Sri. Harimurali Sreedhara Panickar (ITAT Cochin) In the instant case, the entire procedure prescribed under the Land Acquisition Act was followed, the only price was fixed upon a negotiated settlement. Therefore, in view of the above judgment of the Hon’ble Apex Court (supra), we hold that the acquisition of the urban agricultural land […]

Subsidy received for setting up of new unit is capital receipt

April 4, 2019 2031 Views 0 comment Print

On going through the language of the Explanation 10, it is manifest that it is attracted only when the object of the Scheme is to subsidize the cost of an asset and not otherwise. If the object of the Scheme is to accelerate the industrial development of the State, then the case is not caught within the mandate of the Explanation 10.

Notice U/s. 148 with Approval of Additional CIT instead of CIT is invalid

April 4, 2019 2337 Views 0 comment Print

ITO Vs Kuber Fertilizers Pvt. Ltd. (ITAT Delhi) There is no dispute that the notice u/s 148 was issued to the assessee in respect of assessment years, beyond the period of four years from the end of the relevant assessment years as contemplated under the proviso to sub section (1) of Section 151 of the […]

GST New Tax Rate Structure on Real Estate Sector

April 4, 2019 8349 Views 0 comment Print

Currently, the Goods and Services Tax (GST) is levied at 12 per cent on payments made for under-construction property or ready-to-move-in flats where completion certificate has not been issued at the time of sale. The GST Council in its 33rd meeting held on 24th February 2019 has recommended for a new GST rate structure on […]

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