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Archive: 21 June 2019

Posts in 21 June 2019

Full ITC not eligible if payments are netted off against receivables

June 21, 2019 5586 Views 0 comment Print

As per proviso to Section 16(2), the applicant will not be eligible for full input tax credit as they are not paying the full amount to their supplier SML HO as seen in the MOU where payments are netted off against receivables.

GST payable on whole Monthly Society maintenance charges payable if amount exceeds Rs. 7500 P.M.

June 21, 2019 2793 Views 2 comments Print

In re TVH Lumbini Square Owners Association (GST AAR Tamilnadu) If the monthly maintenance charges payable by a member of the association exceeds Rs.7500 per month, in the context of exemption as per S.No. 77 of Notification 12/2017 – Central tax (Rate) dated 28.06.2017 as amended by Notification 2/2018 – Central Tax (Rate) dated 25.01.2018, […]

‘Wet Wipes’ classifiable under 3307 90 90: AAR Tamilnadu

June 21, 2019 2964 Views 0 comment Print

In re K. Suresh (GST AAR Tamilnadu) Advance Ruling is required as to classification of wet wipes and rate of tax on the sales (supply) of the same 1. The product ‘Wet Wipes’ supplied by the applicant is classifiable under 3307 90 90 of the First Schedule to the Customs Tariff Act, 1975 2. The […]

Project completion method cannot be rejected merely because ICAI guidelines prefer percentage completion method

June 21, 2019 7473 Views 0 comment Print

We find that the issue in question, before us, is to decide whether there is any merit in rejection of books of account of the assessee by the AO and the applicability of method of accounting in the case of the assessee i.e. project completion method of accounting as adopted by the assessee vis a vis percentage completion method of accounting as held to be applicable by the revenue.

Uniform Allowance to staff not Taxable under Fringe Benefits

June 21, 2019 7296 Views 0 comment Print

Mumtaz Hotels Limited Vs DCIT (ITAT Kolkata) CIT(A) opined that the said clothes were not protective ones and they are not uniforms and not compulsory uniform under the statute. We find that the employees’ uniforms have traditionally been used as a functional necessity. It is noted from the record that the assessee assumed the financial […]

No ITC on permanent hall or pandal or shamiana created for functions

June 21, 2019 3972 Views 0 comment Print

In re VDM Hospitality Private Limited (GST AAR Haryana) Whether the Temporary Structure (i.e. hall or pandal or shamiana or any other place) built up with Iron/Steel Pillars tight up with Nuts and Bolts (as shown picture enclosed) specially created for functions would be treated as Movable or Immovable property in pursuance to the GST […]

Response to representations against Allocation of Quota for Pulses/Peas

June 21, 2019 390 Views 0 comment Print

DGFT vide Minutes of the meeting dated 12.06.2019 has allocated quota for pulses and peas. However, many applicants whose applications were rejected have represented against the same. The total number of representation received is more than 200.

Treatment of CGST and SGST paid in another State (Inter State Transaction)

June 21, 2019 15513 Views 0 comment Print

Basic Understanding on CGST & SGST Paid in another State (Inter State Transaction without IGST) ♠ Very often a taxpayer can find himself in a situation where he is possession of Invoices for interstate purchases or interstate expenses incurred by him and he has paid CGST and SGST on such invoices of another state and […]

High Court cannot go into merits of decision given by GST AAAR

June 21, 2019 4155 Views 0 comment Print

JSW Energy Vs Union of India and ors. (Bombay High Court) High Court not to go into merits of decision given by GST Appellate Authority for Advance Rulings (AAAR)  Petitioner challenges the orders of the AAR and the AAAR – the AAR had held that the proposed arrangement by the applicant with JSW Steel Limited […]

All about filing of ITR-6 for A.Y. 2019-20

June 21, 2019 24228 Views 1 comment Print

These instructions are guidelines for filling the particulars in Income-tax Return Form-6 for the Assessment Year 2019-20 relating to the Financial Year 2018-19. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962. 1. Assessment Year for which ITR-6 Return Form is applicable ITR-6 Return […]

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