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Archive: 02 July 2019

Posts in 02 July 2019

TDS not deductible on Payment for Reimbursement of Costs

July 2, 2019 6918 Views 0 comment Print

Pr. CIT Vs Goldman Sachs (India) Finance Pvt Ltd. (Bombay High Court) The amount in question was by way of reimbursement of costs. The Tribunal held that Assessee had paid such sums towards administrative costs such as the employee cost, rent, finance and legal corporate recharge etc. The Tribunal noted that, GSIPL had provided services […]

Income from Fit-Out Hire Charges is business income

July 2, 2019 2787 Views 0 comment Print

DCIT Vs United Info Planet Pvt. Ltd. (ITAT Delhi) From the perusal of the Rent Agreement dated 30/08/2007, it can be seen that it is with the sole purpose for rent in respect of the entire building to the Multi National company IBM. The Fit Out Agreement dated 18/01/2008 was entered between the parties for […]

India ratifies Multilateral Convention to Prevent BEPS

July 2, 2019 438 Views 0 comment Print

India has ratified the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI), which was signed by the Hon’ble Finance Minister at Paris on 7th June, 2017 on behalf of India, alongwith representatives of more than 65 countries.

HC upholds demand of Service Tax post introduction of GST

July 2, 2019 2172 Views 0 comment Print

Section 174(2)(c) of CGST Act, 2017 prima facie seems to preserve the levy insofar as any liability to pay tax was incurred by the individual or concern.     Court is of the opinion that the present writ petition cannot be maintained. It is open to the Writ petitioner to raise all contentions including levy and extent of levy of service tax before the adjudicating officer concerned. Writ petition is disposed of.

Service Tax Refund would amounts to Unjust Enrichment if paid after collecting from customer

July 2, 2019 1602 Views 0 comment Print

Bihar Industrial Area Development Authority Vs Commissioner of Central Excise (Patna High Court) The fact remains that the service tax for the period in question was deposited by the petitioner but after realizing it from its customers. This fact is not disputed. It is also not in dispute that no refund application was filed by […]

Supreme Court Requests Govt to amend Section 80DD

July 2, 2019 4581 Views 4 comments Print

Ravi Agrawal Vs Union of India (Supreme Court) The petitioner may be justified in pointing out that there could be harsh cases where handicapped persons may need the payment on annuity or lumpsum basis even during the lifetime of their parents/guardians. For example, where guardian has become very old but is still alive, though he […]

GST to be a WIN-WIN situation for all stakeholders associated

July 2, 2019 1731 Views 0 comment Print

The Minister of State for Finance & Corporate Affairs, Shri Anurag Singh Thakur calls upon all the Officers of CBIC to make GST in India the best GST available in the world; GST Day Celebrations organized by the Central Board of Indirect Taxes & Customs (CBIC) on the 2nd Anniversary of GST in New Delhi […]

Appointment of CS Mandatory for Strengthening Governance Framework

July 2, 2019 1170 Views 0 comment Print

ICSI being the parent organization of Governance professionals in India believes in having strong credentials in corporate governance. Improving the level of transparency and accountability shall go a long way in strengthening the Corporate governance framework of the nation

GST under RCM Payable on transportation Charges of cotton seed oil cake

July 2, 2019 15450 Views 0 comment Print

In re M/s Sanjay Kumar Jain (GST AAR Rajasthan) The applicant uses service of GTA for transportation purpose, hence the applicant is recipient of service and concerned GTA is service provider. Being recipient of services the applicant is liable to pay GST as per the provisions mentioned in the above said Notification. Further, during the […]

Master Circular – Lead Bank Scheme

July 2, 2019 609 Views 0 comment Print

The Reserve Bank of India has issued a number of guidelines/instructions on Lead Bank Scheme from time to time. This Master Circular consolidates the relevant guidelines/instructions issued by Reserve Bank of India on Lead Bank Scheme up to June 30, 2019 as listed in the Appendix.

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