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Archive: 24 May 2019

Posts in 24 May 2019

Sub-contractor liable to pay service tax even though on entire consideration service tax is paid by main contractor

May 24, 2019 32577 Views 0 comment Print

A sub-contractor would be liable to pay Service Tax even if the main contractor has discharged Service Tax liability on the activity undertaken by the sub-contractor in pursuance of the contract

Excel based GSTR-9 offline tool -Filing and Entry Instructions

May 24, 2019 35754 Views 0 comment Print

Introduction to Excel based GSTR-9 offline tool 1. The Excel based GSTR-9 Offline Tool is designed to help taxpayer to prepare his GSTR-9 return offline 2. Details for following Tables of GSTR-9 return can be added by taxpayer using the offline Tool. It is not Mandatory to fill data in all worksheets. The worksheet for […]

Recent changes In GST updated till 23.05.2019

May 24, 2019 34518 Views 4 comments Print

CBIC has recently issued a new set of FAQ’s on GST on real estate projects for which changes were made recently. Accordingly, while a home buyer can not decide upon the rate of GST to be levied to installments remaining to be paid for a under construction flat or on a new booking, it is the builder who will have to opt for the GST rate, i.e., new or old @ 12%. As a result, there could be situations that for a similar flats, different buyers may have to shell out different amounts based on options chosen by the builders.

Analysis of Companies (Incorporation) Fifth Amendment Rules, 2019

May 24, 2019 18780 Views 4 comments Print

MEASURES TO CURB UNDESIRABLE & RESEMBLING NAMES OF COMPANIES The Ministry of Corporate Affairs (MCA) has released the Companies (Incorporation) Fifth Amendment Rules, 2019, effective from May 10, 2019. The amendment has been brought making changes to provisions of Companies (Incorporation) Rules, 2014, with regard to undesirable and resembling names of companies.

Non-availability of mechanism at GSTN portal- Allow Manual credit of ITC: HC

May 24, 2019 3201 Views 0 comment Print

In case, it is not possible to re-credit the amount to the Electronic Credit Ledger by the respondent revenue due to non-availability of mechanism at GSTN portal, the petitioner shall be permitted to manually take input tax credit of the amount of the refund rejected in Form GSTR-3B.

Report of working group on FPI Regulations- seeking public comments

May 24, 2019 996 Views 0 comment Print

SEBI seeks public comments on the ‘Report of the working group on the SEBI (Foreign Portfolio Investors) Regulations, 2014’ submitted by the working group under the Chairmanship of Shri Harun R. Khan, Deputy Governor (retd.), Reserve Bank of India.

Revisional jurisdiction U/s./ 263 cannot be exercised for better view of CIT

May 24, 2019 1104 Views 0 comment Print

Pr. CIT Vs M/s. Yes Bank Ltd. (Bombay High Court) Assessing Officer sought clarification from the assessee about the correctness of the amount of one­fifth of the total expenses incurred under Section 35D of the Act. The assessee under letter dated 26.10.2004 gave specific explanation on the issue raised by the Assessing Officer and thereafter, […]

NAA found builder guilty of deliberate profiteering (Not passed ITC)

May 24, 2019 840 Views 0 comment Print

Sh. Varun Goel Vs M/s Eldeco Infrastructure & Properties Ltd. (NAA) We have carefully considered the Report of the DGAP, the submissions of the Respondent and all the documents placed on record. From the perusal of the facts of the DGAP’s Report it is revealed that the ratio of ITC to the taxable turnover during the […]

Understanding the SaaS Business Model Made Simple

May 24, 2019 1164 Views 1 comment Print

The SaaS Business Model or better understandable as the Software-as-a-Service Business Model is a relatively new business model which lets the service provider host his software on a cloud infrastructure. The users pay for this service for some period of time and once their membership is over the service is revoked unless renewed.  In order […]

Deduction U/s. 80-IB(10) eligible on unaccounted receipts 

May 24, 2019 1086 Views 0 comment Print

There is nothing on the record to suggest that the assessee had other businesses or that the undisclosed receipts were assessee’s profit out of any other activity other than development of housing project, The Tribunal came to the specific conclusion that the unrecorded consideration was also part of the assessee’s sale transaction of completed residential units and was therefore eligible under Section 80IB [10] of the Act. We do not find any error in such view.

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