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Archive: July, 2019

Posts in July, 2019

What is Sabka Vishwas (Legacy Dispute Resolution) Scheme?

July 15, 2019 10272 Views 1 comment Print

A very unique and substantial relief scheme named as SABKA VISHWAS LEGACY DISPUTE RESOLUTION SCHEME has been proposed. The focus of the government will be to reduce the pending litigations of 28 plus pre-GST laws, the government has proposed a Dispute Settlement Scheme for speedy settlement of pending litigations and to remove the funds blocked in the litigations. Approx 3.75 Lakhs Crore of revenue is blocked in this litigations. This is one of the most beneficial scheme ever made in the history of Indirect tax by Central Government.

ALP of corporate guarantee cannot be determined by comparing with bank guarantee

July 15, 2019 2826 Views 0 comment Print

CIT Vs M/s. Glenmark Pharmaceuticals Ltd. (Supreme Court of India) Hon;ble Supreme Court Upheld the Judgment of Hon;ble HIgh Court and held that Arm’s length price of corporate guarantee could not be determined on the basis of comparison with bank guarantee and as such, High Court rightly affirmed the view taken by ITAT deleting the […]

CBDT transfers 122 Income Tax officers in ACIT/ DCIT Grade

July 15, 2019 7995 Views 0 comment Print

CBDT Office Order No. 154 of 2019 – Transfer/Postings (Local Changes) of 122 officers in the grade of Assistant Commissioner of Income Tax (ACIT) / Deputy Commissioner of Income Tax (DCIT) F.No. A-2201311/2019-Ad.VI (part) Government of India Ministry of Finance, Department of Revenue (Central Board of Direct Taxes) North Block, New Delhi,  The 15th July, […]

HC allows Taxpayer to pay sales tax arrears in 12 monthly installments

July 15, 2019 942 Views 0 comment Print

Under normal circumstances, a person, who secured the facility of payment by installments and who committed default in complying with the same, may not be entitled to any indulgence. But, the facts of the case are little peculiar. It is seen from the representation made by the petitioner that the petitioner became a sick company from the year 2011 and their account was declared as Non-Performing Asset by the State Bank of India.

Separate GST registrations can be given to multiple companies functioning in a co-working space

July 15, 2019 15204 Views 0 comment Print

In re M/s. Spacelance Office Solutions Pvt. (GST AAR Kerala) Can GST registrations allowed for multiple companies from same address, provided they follow all GST rules related to ‘Principal place of business’? These are start-up companies in service sector, where no stock has to be maintained. Separate GST registration can be allowed to multiple companies […]

Part of fishing vessels are taxable @ 5% GST

July 15, 2019 2442 Views 0 comment Print

In re M/s Gurudev Metal Industries (GST AAR Krala) Propeller, Shaft/SS road, Gun metal bush/bearing, Sniffing box, Brass Tube/SS Tube, Rudder Shaft and Blade, Sea Cork/Water Strainer, GM Gate Valve, MS Pipe, Propeller Nut/GM Nut, Coupling, SS Rods & Square, SS Flat, GM Gland and Ring and MS Plate used as parts of fishing / […]

12% GST applicable on Flavoured Milk: AAR Andhra Pradesh

July 15, 2019 3852 Views 0 comment Print

The HS code for flavoured milk is 2202 9930 and the GST rate is 12% ( 6% CGST and 6% SGST) under entry no. 50 of Schedule II of Notification No. 1/2017 – Central (Rate) dated 28.06-2017 as amended.

12% GST applicable on outward supply of “Flavoured Milk”

July 15, 2019 16623 Views 0 comment Print

In re M/s Sri Chakra Milk Products LLP. (GST AAR Andhra Pradesh) What is the rate of GST applicable on outward supply of Flavoured Milk? ‘Flavoured milk‘ is classifiable under tariff item 2202 9930 of the First Schedule to the Customs Tariff Act, 1975 as a beverage containing milk under HS code 2202. The rate […]

No Penalty for Rejection of Bonafide Claim

July 15, 2019 1176 Views 0 comment Print

Pr. CIT Vs Shamrao Vithal Co-Op Bank (Bombay High Court) The division bench of the Bombay High Court has held that penalty cannot be levied under the Income Tax merely on the ground that a deduction claim was rejected by the department. The assessee is a Co-operative Bank. For the relevant A.Y under consideration, the […]

Import of service against Export of service under GST

July 15, 2019 5754 Views 0 comment Print

Where an exporter of services located in India is supplying certain services to a recipient located outside India, either wholly or partly through any other supplier of services located outside India, the following two supplies are taking place:- 1. Supply of services from the exporter of services located in India to the recipient of services […]

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