"04 May 2019" Archive

Goods Transport Agency (GTA) In GST

A) Definition As per Notification-12/2017, Clause no-ze, Dt-28.06.17 (Central Tax Rate) a GTA is any person who provides service in relation to transportation of goods by road and issues a consignment note by whatever name called. Thus, it can be seen that issuance of a consignment note is an essential condition for a supplier of [&hellip...

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Returns of Deposits to be Filed with the Registrar of Companies

Ministry of Corporate affairs is very strict nowadays about the money laundering concept and has decided to take all the details of outstanding money which still falls into the Companies Balance sheet as on 22.01.2019 from 01.04.2014 till 31.03.2019, accordingly Ministry of Corporate affairs has introduced a concept of revised DPT 3 form ...

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Income Tax searches on a business group dealing in lotteries

NA (04/05/2019)

Income Tax Investigation Directorate, Chennai conducted searches on a Coimbatore based business group handling the lotteries run by certain State Governments under agreements with them to function as a Marketing Agent. ...

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AO cannot treat commodity losses as bogus merely because broker was expelled from commodity exchange

Pr. CIT Vs Ms BLB Cables and Conductors Pvt. Ltd. (Calcutta High Court)

Principal CIT Vs Ms Blb Cables And Conductors Pvt. Ltd. (Calcutta High Court) Assessee has incurred losses from the off market commodity transactions and the AO held such loss as bogus and inadmissible in the eyes of the law. The same loss was also confirmed by the ld. CIT(A). However we find that all the […]...

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No GST exemption to applicant for imparting Medical Education in other entity

In re Kasturba Health Society (GST AAR Maharashtra)

In re Kasturba Health Society (GST AAR Maharashtra) Question (i): Whether the applicant, a Charitable Society having the main object and factually engaged in imparting Medical Education, satisfying all the criteria of ‘Educational Institution’, can be said to be engaged in the business so as to cast an obligation upon it to c...

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TDS u/s.194H not deductible on credit card commission retained by banks

ACIT Vs The Indian Hotels Company Ltd. (ITAT Delhi)

ACIT Vs Indian Hotels Company Ltd. (ITAT Delhi) It was the submission of the assessee that credit card commission was out of the realm of section 194H of the Act since there was no principal-agent relationship between the merchant establishment and the bank and, therefore, the provisions relating to tax deduction at source were not [&hell...

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Penalty justified for failure to Furnish Tax Audit Report despite Due Date extension by CBDT

M/s. The Vaikom Palliprethussery Service Cooperative Bank Limited Vs. ITO (ITAT Cochin)

The assessee had not filed the audit report in this case. The assessee was very casual and did not enter appearance for the show cause notice issued for imposition of penalty. The assessee has not made out a reasonable cause as mentioned u/s 273B of the I.T.Act for non-furnishing of audit report u/s 44AB of the I.T.Act. Hence, we are of t...

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Mere use of word agency in agreement not conclusive of relationship between parties

Pr. CIT Vs M/s RST India Ltd. (Bombay High Court)

Pr. CIT Vs M/s RST India Ltd. (Bombay High Court) It is not disputed that upon termination of the contract, the assessee’s entire business of soliciting freight on behalf of the US based company came to be terminated. It may be that assessee had, other business. Insofar as the question of taxing the receipts arising […]...

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Clinical Research Services not export if Testing in India on Goods Received in India

In re Cliantha Research Limited (GST AAR Maharashtra)

In re Cliantha Research Limited (GST AAR Maharashtra) The Applicant would like to seek a ruling on whether the “Clinical Research” services proposed to be provided by them to entities located outside India is liable to Central Goods and Services Tax and State Goods and Services Tax or Integrated Goods and Services Tax or is [&...

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ITAT can extend Stay If Non-disposal of Appeal is not attributable to Assessee

Inatech India Pvt. Ltd. Vs The Income-tax Officer (ITAT Bangalore)

Inatech India Pvt. Ltd. Vs ITO (ITAT Bangalore) From the narration of facts with regard to the non disposal of the appeal of the Assessee, it is clear that the delay in non disposal of the appeal is not attributable to any default on the part of the assessee. The law is by now well […]...

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No GST on extra cigarette packs supplied as part of promotion scheme for consideration

In re Golden Tobacco Limited (GST AAR Maharashtra)

In re Golden Tobacco Limited (GST AAR Maharashtra) The Applicant is seller of Cigarettes, and intends to offer extra quantity of Cigarettes (quantity discount) in addition to normal quantity against same consideration, as a taxable supply to its Distributors from their Depot. As per new marketing strategy devised by the Applicant to promo...

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TDS on payments to Non-Residents: An Overview of Section 195

As we are in the era of digital economy, where BEPS action plans has been issued by OECD to tax digital transactions. With the increase in global transactions, Income tax department is also keeping their bird’s eye to the payments made to a non-residents. There has been substantial increase in foreign remittances from India. Indian [&he...

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Practical Guide on GST on Real Estate – FAQs -Part 1

Consequent to changes in the GST on real estate, there are many situational queries being faced by the industry. We address some of the queries through series of FAQs. 1. What could be different decisions making under the real estate sector for the residential apartments and the actions to be taken under each of such […]...

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Valuation of Taxable services|Service Tax |Bhayana Builders Case Analysis

2018-TIOL-66-SC-ST

This is with reference to the judgment pronounced by Honorable Supreme Court of India in case of Commissioner of Service Tax vs. Bhayana Builders P Ltd dated 19th February 2019 whereby the apex court has considered/analyzed the arguments given the Revenue legal counsel on the aspect of valuation of taxable services under Service Tax where...

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Whether EPF withdrawal attracts Taxes?

The Employee Provident Fund (EPF) is an investment and more beneficial scheme enacted by the Government in the common interest of employees. In this scheme, the employer and employee, both are required to contribute an amount which is calculated on the basic wages, dearness allowance and retaining allowance (if any). Employer Contribution...

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Dispute on Section 50 of CGST Act, 2017: Interest on Net or Gross Amount?

In CGST Act, 2017 as well as in CGST Rules, 2017 which are the base pillars to avail the ITC specially the core Section which are 39, 41,49 and 16 of CGST Act, 2017 does not prohibit or put any kind of constraint to set off the ITC in case of delay of filling of return. Hence, it will be inappropriate to ignore the ITC while calculating ...

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Master guide on Requirements of ITR Filing for A.Y. 2019-20

Download below Presentation on Requirements of ITR Filing The new Returns for filing has been notified and enabled for filing for the Assessment Year 2019-20. The presentation covers the changes in the Finance Act for reporting of Income as well as new requirements for filing of Return of Income. Glance of General Changes of Income Expan...

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GST Audit Checklist

GST Audit Check list covers following Points – GST Registration Certificate, Invoicing documentation, Goods Sent to Job Work, Supply, Time of supply, Input Tax Credit,Classifications,Input Tax Service Distributor, Returns, GST collections and payment verification, Reverse Charge, Value of Supply, Place of supply, Refund, Inward supp...

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GST exemption on upfront charges payable in installments for long term lease of plots

 GST exemption on the upfront amount payable in installments for long term lease of plots, under Notification No. 12/2017 – Central Tax (R) S. No.41 dated 28.06.2017 There has been representations submitted to the CBIC for providing clarification on admissibility of GST exemption on the upfront amount which is determined upfront but is...

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Summary of GST Circulars and Notifications issued in April 2019

Objective: The objective of this document is to summarize all the updates of GST (Notifications, Circulars, other amendments and updates) in one place. 6 Central tax notifications, 1 corrigendum for the Central tax rate notification, 5 Central tax circulars and 1 Removal of difficulty order were issued during the month Apr’19.  The sam...

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Statutory Compliance Due date Calendar- May 2019

The business entity such as Proprietary Concerns/Partnership Firms/ LLP/ AOP/HUF/ Companies, etc. has to follow various statutory compliances monthly/quarterly/half-yearly/annually, as the case may be....

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