"14 July 2019" Archive

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

M/s Onyx Designs Vs Assistant Commissioner of Commercial Taxes (Karnataka High Court)

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 de...

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Notice u/s 143(2) is invalid if it is issued but not served

Anil Kisanlal Marda Vs ITO (ITAT Pune)

Since no effort was made by AO to serve another notice u/s. 143(2) before the deadline after returning from postal authorities the original notice u/s 143(2) thus, the jurisdictional condition of `service’ of notice u/s. 143(2) and not its `issue’ was not satisfied  and accordingly, assessment order passed in absence of a valid juris...

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Reassessment on Investigation Wing report without further enquiry was invalid

Mohan Aggarwal Vs ACIT (ITAT Delhi)

Reassessment under section 147 on the basis of report of Investigation Wing without conducting further enquiry on the same was invalid and liable to be set aside....

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No order of CIT(A) was valid if it failed to comply rule 46A while admitting additional evidences

ITO Vs M/s. Theobroma Foods Pvt. Ltd. (ITAT Mumbai)

Since CIT(A) had admitted additional evidences without complying with rule 46A which was fatal to sustaining of appellate order passed by CIT(A), therefore, the matter was restored to CIT(A) for fresh adjudication....

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Components of Levy of GST

Provisions of GST Acts, which provide for levy and collection of tax, provide that tax shall be levied on supply of goods or services or both. In my personal opinion, expression supply of goods or services or both used in Article 366(12A) of the Constitution refers to completed supply of goods or services or both and expression supply of ...

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GSTR-3B is not a “Return” : Gujarat High Court

On 24th June 2019 the Hon’ble Gujarat High Court has given a landmark ruling in the case of AAP & Company, Chartered Accountants v/s Union of India that the FORM GSTR-3B is not a 'Return', rather Return specified for Section 39 in FORM GSTR-3 is a 'Return'....

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Summary of Amendments made by Finance Bill, 2019

This Budget Bulletin is divided into three parts: Part I – Provides Rates of Taxes applicable for A.Y. 2019-20 and A.Y. 2020-21 (given as a comparison). Part II – Provides the summary of amendments made by Interim Finance Bill, 2019. Part III – Provides the summary of amendments made by Finance (No. 2) Bill, 2019....

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Body Building of Buses Whether Supply of Goods or Services

Whether the activity of building and mounting of the body on the chassis by the applicant will result in supply of goods under HSN 8707 or supply of services under SAC 9988? The above question is related to Section 97 (2) (a) of CGST Act,2017 as it is with regard to Classification & hence permitted under the said act....

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GST Implications on inter-unit service cost cross charges

GST implementation in India piloted various new concepts of indirect taxation. The cause for the levy of indirect taxes shifted from the concept of manufacturing, service and sales to the concept of ‘supply’. The indirect tax system itself transitioned from an origin-based taxation to a largely destination / consumption-based taxation...

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GST on educational service provided by IIM

Indian institution of Management Act, 2018 which came into force from 31.01.2018 states  that IIM’s listed in the schedule of the said Act shall be consider the ‘institute of national Importance’. Thus the same has been defined as educational institute under notification no.12/2017 –CT (R) dated 28.06.2017 as they provide...

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