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Archive: 26 June 2019

Posts in 26 June 2019

Brokerage paid by purchaser cannot be taken into account for Section 50C

June 26, 2019 11772 Views 1 comment Print

Since the market value of immovable property sold by assessee had to be Rs.2,60,05,348/- and the purchase consideration together with costs towards obtaining vacant property should stand at Rs.2,26,00,000/-, therefore, the long term capital gain would be Rs.34,05,348/- as per section 50C and the brokerage costs incurred on sale consideration by the purchaser could not be taken into account for the purposes of Section 50C.

No addition of notional annual rent of unsold flats held in stock-in-trade

June 26, 2019 2508 Views 0 comment Print

M/s. Kolte Patil I-Ven Townships Vs ACIT (ITAT Pune) The issue in the present case is with respect to addition under the head ‘income from house property’ on the 32 unsold flats/shops by the assessee. It is an undisputed fact that assessee is in the business of Civil Engineers, Builders and Developers and had in […]

HUF cannot be denied Section 54F exemption for Purchasing Multiple residential units

June 26, 2019 2418 Views 0 comment Print

When an HUF’s residential house is sold, the capital gain should be invested for the purchase of only one residential house is an incorrect proposition. After all, the HUF property is held by the members as joint tenants. The members keeping in view the future needs in event of separation, purchase more than one residential building, it cannot be said that the benefit of exemption is to be denied under s. 54(1) of the IT Act.

Dealer not passed GST Rate reduction benefit on Sanitary napkin: NAA

June 26, 2019 678 Views 0 comment Print

Sh. Pranesh Pathak Vs M/s. Bhutani International Medicos (NAA) Central Government, on the recommendation of the GST Council, had reduced the GST rate on the product ‘Sanitary towels (pads) or sanitary napkins; tampons’ from 12% to Nil w.e.f. 27.07.2018, vide S. No. 146 of the Schedule to Notification No. 19/2018-Central Tax (Rate) dated 26.07.2018, which […]

NAA found Liberty Shoe dealer Guilty of Profiteering

June 26, 2019 609 Views 0 comment Print

Sh. Saurabh Gahoi Vs M/s Pinky Sales (National Anti-Profiteering Authority) The Respondent had submitted that he was running an exclusive showroom of M/s Liberty Shoe Ltd.. which had given him the software which was being used for billing and he could not make any modification to this software since it was fully controlled by M/s […]

AAR cannot specify how invoices are to be raised for composite supply

June 26, 2019 3162 Views 0 comment Print

In re Thirumangalam Sengodan Kumarasamy, Propreitor of Christy Fried Gram Industry (GST AAR Tamilnadu) . The applicant has asked a query whether it will be still a composite supply even if the invoices are raised separately for supply of food and delivery of the food. It is seen from the bid document that payment will […]

GST on interest, late fee penalty for services rendered before 01.07.2017

June 26, 2019 1860 Views 0 comment Print

In re M/s. Chennai Port Trust (GST AAR Tamilnadu) The amounts received on or after 01.07.2017 towards interest, late fee penalty relating to the services of lease/rent, due to delayed payment of consideration for those services rendered by the applicant before 01.07.2017, are liable to GST. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, […]

Registration process under GST linked with SPICe-AGILE Form of MCA

June 26, 2019 12957 Views 0 comment Print

1. Normal and Composition taxpayer can now apply for GST registration, while applying for incorporation of company on MCA Portal. Thus, once a new company applies for its incorporation/ registration with MCA, they can also apply for registration under GST, in SPICe-AGILE form, by furnishing additional information in addendum. 2. The Director signing the SPICe-AGILE […]

Issue one consolidated deficiency letter for a particular redemption request: DGFT

June 26, 2019 4560 Views 0 comment Print

It has come to the notice of this directorate that some Regional Authorities are issuing the deficiency letters multiple times, in piecemeal manner during the processing of redemption request of Advance Authorisation/EPCG cases. This has been viewed very seriously by DGFT.

GST, Excise, Service Tax, VAT & Customs updates for June 2019

June 26, 2019 20934 Views 0 comment Print

I. GST Updates 35th GST Council Meeting was held on 21 June 2019 at New Delhi, after a long gap of more than three months. This was the first council meeting chaired by the re-elected government and India’s second woman Union Finance Minister, Mrs Nirmala Sitharaman. This GST Council meeting has been called at a […]

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