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Archive: 17 June 2019

Posts in 17 June 2019

Course on Mastering GST Sections Effortlessly with Memory Techniques!

November 28, 2024 9588 Views 0 comment Print

Simplify GST learning with memory techniques. Join live sessions, master CGST sections, and retain knowledge effortlessly. Register now for practical GST mastery!

IGST refunds mechanism to verify IGST payments

June 17, 2019 10656 Views 0 comment Print

The procedure for claiming IGST refunds is fully automated as provided under Instruction 15/2017-Cus dated 09.10.2017. It has come to the notice of the Board that instances of availment of IGST refund using fraudulent ITC claims by some exporters have been observed by various authorities

All about Contribution in Limited Liability Partnership (LLP)

June 17, 2019 156825 Views 64 comments Print

Form/Manner of Capital contribution As per the provisions of Section 32 of Limited Liability Partnership Act, 2008, contribution of a partner may consists of tangible, movable or immovable or intangible property or other benefit to the limited liability partnership, including money, promissory notes, other agreements to contribute cash or property, and contracts for services performed […]

Representation on Post Sale Commercial Credit Notes for Price Reduction

June 17, 2019 18729 Views 3 comments Print

Our submission is that if the supplier has not reduced its GST liability to the extent of the relevant amount, issuance of such commercial credit notes for price discounts do not result in any loss to the exchequer and a clearly worded notification saying that no tax liability will arise in such cases, either on the supplier or the recipient, needs to be issued in this regard to avoid double taxation.  

Writ cannot be filed for release of goods if appeal is pending before Commissioner

June 17, 2019 726 Views 0 comment Print

Kalebudde Logistics Vs Commercial Tax Officer (Karnataka High Court) When the appeal is pending against the main order, the petitioner could not have filed writ petition for release of goods which are subject matter of appeal. Section 129 and 130 of the Act provides for release of goods on payment of fine. Accordingly, the writ […]

21 Issues in GSTR-9, 9A & GSTR-9C and request to extend due date

June 17, 2019 55503 Views 17 comments Print

Tax Bar Association requested to resolve issues in filing of GSTR-9, 9A & GSTR-9C and extend due date for filing GSTR-9, 9A & GSTR-9C for the year 2017-18.

Transfer of shares cannot be construed as transfer of assets

June 17, 2019 8664 Views 0 comment Print

M/s. Gillette India Limited Vs Delhi Development Authority (Delhi High Court) It is well settled that shares of a company are a separate asset wholly distinct from the assets held by the company. In the present case, there was dilution of the share capital of TGC as well as transfer of shares held by the […]

ITC Benefits cannot be denied to purchaser merely for subsequent de-registration of selling dealers

June 17, 2019 17697 Views 0 comment Print

M/s Onyx Designs Vs The Assistant Commissioner of Commercial Taxes (Karnataka High Court) Conclusion: In absence of any other allegations made against the purchasing dealer in the assessment orders, merely for the reason that selling dealers had not deposited the collected tax amount or some of the selling dealers had been subsequently deregistered could not […]

HC quashed reassessment notice u/s 148 against Infosys Ltd.

June 17, 2019 1605 Views 0 comment Print

Reopening of assessment on basis of withdrawal of deduction allowed under Section 10A relating to the assessment year 2007-08 was without application of mind and nothing but the change of opinion, which tantamounted to review and the same was not permissible to initiate the proceedings under Section 147/148.

Online Database access fee is Business Income, not Royalty or FTS

June 17, 2019 12921 Views 0 comment Print

Elsevier Information Systems GmbH Vs DCIT (ITAT Mumbai) Whether the subscription fee can be treated as fees for technical services. As discussed earlier, it is evident that the assessee has collated data from various journals and articles and put them in a structured manner in the database to make it more user friendly and beneficial […]

Gift deed not invalid only because it was registered after death of donor

June 17, 2019 14328 Views 0 comment Print

Dinabandhu Mondal & Ors. Vs Laxmi Rani Mondal & Ors. (Calcutta High Court) The respondents have raised serious doubt over the authenticity of the said deed of gift because of the fact that it was registered after the death of the donor. However, well established is the law that it is not necessary for the […]

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