"20 May 2019" Archive

Analysis of Integrated Goods and Services Tax Law, 2017

IGST ACT means any transaction relating to Inter-State supply of goods and services or both between two taxable persons (Previously CST Sales or Purchases) situated in different States now treated as IGST transaction under Integrated Goods and Services Tax (IGST) Act,2017....

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HC allows set off of ITC received from Construction against GST Payable on Rent

Safari Retreats Private Limited Vs Chief Commissioner of Central Goods & Service tax (Orissa High Court)

Safari Retreats Private Limited Vs Chief Commissioner of Central Goods & Service tax (Orissa High Court) The case of the petitioners is that the petitioners are mainly carrying on business activity of constructing shopping malls for the purpose of letting out of the same to numerous tenants and lessees. Huge quantities of materials an...

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What is GSTR 9 – Annual filing of GST return

What is GSTR 9 annual return? GSTR 9 form is an annual return which is required to be filed once in a year by every registered taxpayers under GST. It consists of details regarding the supplies made and received during the year under different tax heads i.e. CGST, SGST and IGST. Who should file GSTR […]...

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Exemption u/s 54EC allowable to legal owner of property as per registered sale deed

Shri Raghuram P Nambyar Vs ACIT (ITAT Bangalore)

Assessee-wife was not entitled to claim and be allowed exemption under Section 54 and 54 EC on the basis that both assessee’s being husband and wife had suo motu offered rental income equally in their returns of income and their intentions were that said property was a joint property and both of them having equal share therein because ...

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Tax reference can be filed in Hindi accompanied with authentic English version

Krishna Yadav VS. The State Of Bihar (Patna High Court)

A petition under Article 226 and 227 of the Constitution of India or a tax reference can be filed in Hindi but it will have to be accompanied by an English version as well which shall be the authentic version of the petition for all legal purposes so long as the Notification dated 9th of May 1972 stands. ...

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Transfer & Posting in the grade of Chief CIT

Office Order No. 116 of 2019 (20/05/2019)

Office Order No. 116 of 2019 – Transfer & Posting in the grade of Chief Commissioner of Income Tax – reg. F.No.A.22011/5/2019-Ad.VI Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi Dated 20.05.2019 Office Order No. 116 of 2019 The following officers, who were promoted to...

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HC orders release of vehicle seized which was not carrying Invoice & e-Way Bill

Mkc Traders And Another Vs State of U.P. (Allahabad High Court)

Mkc Traders and Another Vs State of U.P. (Allahabad High Court) A perusal of the seizure order and the order passed under Section 129(3) of the Act for the release of the goods reveal that the transporter has not been assigned any role in the entire transaction which had led to the seizure of the […]...

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Business restructuring from a TP perspective – Fundamentals

Business restructuring may be defined as the cross-border redeployment by a multinational enterprise of functions, assets and/or risks. A business restructuring may involve cross-border transfers of valuable intangibles, although this is not always the case. It may also or alternatively involve the termination or substantial renegotiation...

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Payment for delayed allotment of plot of land cannot be construed as ‘interest’

Pr. CIT Vs West Bengal Housing Infrastructure Development Corporation Limited (Calcutta High Court)

The issue which falls for decision therefore is whether payment for delayed allotment of a plot of land by the Housing Board to an allottee will fall under the definition of ‘interest’ under section 2 (28A) of the Act....

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Convertible Notes in India: Raising fund from Foreign Investors

Govt. of India issued Consolidated FDI Policy in 2017. The thrust of the policy is to make India an attractive investment destination for foreign investors. A key feature of these policy announcements has been to boost fundraising options for home-grown startups by permitting startups to raise funds through issuance of Convertible Notes w...

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