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Archive: 23 August 2019

Posts in 23 August 2019

Rule 8D not applicable if AO not recorded satisfaction

August 23, 2019 2571 Views 0 comment Print

Pr. CIT Vs Vedanta Limited (Delhi High Court) It is apparent that the Assessing Officer without examining, commenting and rejecting the disallowance made by the respondent-assessee had applied Rule 8D as compulsory and universally applicable rule where the assessee has earned exempt income. However, Rule 8D cannot be invoked and applied unless the Assessing Officer […]

Tunnel construction & related work not falls under earth work so not eligible for concessional GST rate

August 23, 2019 1962 Views 0 comment Print

In re Soma-Mohite Joint Venture (GST AAR Maharashtra) Question: – 1. Whether the said Contract is covered under SI NO -3A , Chapter No 99 as per Notification No 2/2018 -Central Tax (Rate) dated 25/01/2018, w.e.f 25/01/2018 ? Answer:- Answered in the negative. Question: – 2. Whether the said contract is covered under the term “Earth Work” and […]

GST: Service relating to conduct of online exam is composite supply

August 23, 2019 10269 Views 0 comment Print

In re Attest Testing Services Limited (GST AAR Maharashtra) Question a):- Whether the services provided by the Applicant can be considered to be a composite supply as defined under section 2(30) of the CGST Act, 2017 or a mixed supply defined under section 2(74) of the CGST Act. 2017? Answer:-The subject services provided by the Applicant […]

18% GST Payable on transportation services forming part of composite works contract

August 23, 2019 9627 Views 0 comment Print

In re Siemens Limited (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling held as under: From the conjoined and harmonious reading of various clauses of Third contract and Fifth contract awarded to the appellant and their interdependency under the whole contract comprising of six contracts, it can be safely concluded that the agreement for setting […]

GST on reimbursement of expenses by foreign company to Indian entity

August 23, 2019 56886 Views 0 comment Print

In re Maansmarine Cargo International LLP (GST AAR Maharashtra) Whether GST is applicable on reimbursement of expenses such as salaries, rent, office expenses, travelling cost etc.? Applicant is not a pure agent. In the subject case the applicant is making payments to vendors for supply received by them. The applicant is not making payment to […]

GST rate on aircraft sale not determined by AAR as intended use is not known

August 23, 2019 8949 Views 0 comment Print

In re B. G. Shirke Construction Technology Pvt. Ltd. (GST AAR Maharashtra) Question: – What is the applicable rate of GST on sale of aircraft by an NSOP holder to a private company who have applied for NSOP license, to be used for purposes such as corporate leisure, pilgrimage, cargo chartered flights? +The applicant has […]

How Demat Account Helps You to Save Tax

August 23, 2019 8502 Views 1 comment Print

Every earning individual wants to save money in some way or the other to meet their long term goals. After all, every penny saved is a penny earned. While government taxes eat a major part of your income every year, there are still ways to save the tax amount with the help of various tax […]

Process of Closing A Private Limited Company

August 23, 2019 13776 Views 2 comments Print

Since the inception of the Companies Act, 2013, the Compliances of carrying out business through a Company in increasing day by day. Increase in compliances majorly hit those who do not perform substantial activities in the Company since they are required to pay both Government filing fees and Consultant’s fees in relation to maintaining the Company.

Income tax perspective – Sale of Immovable Property by a Non Resident Indian

August 23, 2019 4962 Views 2 comments Print

A sale transaction between a non-resident (NRI) seller and resident buyer needs planning by seller and buyer shall take abundant caution. In most of the cases, misconceptions in the minds of buyers resulting into serious non-compliances and lack of awareness among sellers resulting into liquidity crunch. Through this article, I am making an effort to […]

National Appellate Authority for Advance Ruling under GST

August 23, 2019 4548 Views 0 comment Print

Constitution of National Appellate Authority: The National Appellate Authority shall consist of— (i) the President, who has been a Judge of the Supreme Court or is or has been the Chief Justice of a High Court, or is or has been a Judge of a High Court for a period not less than five years; […]

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