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Archive: April, 2019

Posts in April, 2019

Why differential treatment of creditors under IBC does not amounts to discrimination

April 23, 2019 5373 Views 0 comment Print

Firstly, there is no real difference between financial and operational creditors as the debtor has an obligation to pay outstanding dues to both the types of creditors. This obligation exists either for the repayment of loans advanced or paying the price of the goods purchased or the services rendered. Hence the distinction lacks the backing of a sound logical differentia.

No TDS on Payment to bank for Credit Card transaction processing

April 23, 2019 1716 Views 0 comment Print

The so-called bank guarantee commission was not in the nature of commission paid to an agent but it was in the nature of bank charges for providing one of the banking services. The requirement of section 194H of the Act, therefore, would not arise.

AAR bound to pronounce ruling within 90 days of receipt of application

April 23, 2019 645 Views 0 comment Print

In re Kayden Investments Pvt. Ltd. (GST AAR Haryana) In order to decide the admissibility of the application, the applicant was called upon to appear before this Authority on 12.04.2019 vide memo no. 664 dated 09.04.2019, but none appeared on behalf of the applicant. Thereafter, notice of appearance was sent for 22.04.2019 vide memo no. […]

After amendments Onus of proving a benami transaction rests entirely on owner/ benamidar

April 23, 2019 4818 Views 0 comment Print

Shri Akashdeep Vs Manpreet Estates LLP (Appellate Tribunal For PBPT Act) It is correct that after amendment in Prohibition of Benami Property Transactions Act, 1988 (PBPT Act) , the onus of proving a benami transaction rests entirely on the shoulders of the respondents. Before amendment, the burden of proof was on the prosecution to prove […]

Intent or objective of any club or association immaterial for leviability of GST

April 23, 2019 1650 Views 0 comment Print

Accordingly, it is believed that under the GST Law, the intent or objective of any club or association is immaterial in so far as the leviability of GST is concerned. Therefore, provision by club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members will surely attract GST irrespective of the fact that such club is not set up with the objective of providing any goods or service to its members.

Manner of determining minimum allotment for publicly offered InvITs and REITs

April 23, 2019 1044 Views 0 comment Print

For determining the allotment in an initial offer, by a publicly offered InvITs/REITs, following guidelines shall be applicable: The value of each allotment lot shall not be less than Rs 1 lakh for InvITs and Rs 50,000 for REITs, where such lot shall consist of 100 units. Allotment to any investor shall be made in the multiples of a lot.

India allows import of 175000 MT pulses from Mozambique in FY 2019-20

April 23, 2019 804 Views 0 comment Print

1,75,000 MT of pulses to be imported from Mozambique, during the fiscal year 2019-20 is allowed for import, subject to the following conditions: a. Import will be allowed only through the following 5 ports: (i) Mumbai, (ii) Tuticorin, (iii) Chennai, (iv) Kolkata and (v) Hazira

New Functionalities & Return filing Utility of Form GSTR-9C /GSTR-9

April 23, 2019 1758 Views 0 comment Print

A. New Functionalities available in CBIC-GST Application: i. Tax officers can block/unblock ITC credit in Credit ledger at GST ii. Tax officers can see annual return GSTR 9 return filed on GST iii. Tax officers can see annual return GSTR 9A return filed on GST iv. Tax officer can see GSTR 2X return, claiming TDS/TCS […]

Prohibition on import of milk & milk products from China further extended

April 23, 2019 543 Views 0 comment Print

Prohibition on import of milk and milk products (including chocolates and chocolate products and candies/ confectionery/ food preparations with milk or milk solids as an ingredient) from China is extended until the capacity of all laboratories at ports of entry have been suitably upgraded for testing melamine.

Reason to believe that Income has escaped Assessment applies even in case of non-filing of return

April 23, 2019 2418 Views 0 comment Print

Mohanlal Champalal Jain Vs ITO (Bombay High Court) Assessing Officer has proceeded on wrong premise that even when called upon to state why the petitioner had not filed return of income, he had not responded to the said query. The petitioner did communicate to the Department that he had no taxable income and therefore, there […]

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