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Archive: August, 2019

Posts in August, 2019

Penalty not leviable for wrong availment of ITC due to interpretation issue

August 18, 2019 1908 Views 0 comment Print

Appellants are not liable to penalty on wrong availment of GTA services up to the customer’s premises because it was an interpretation issue and was settled by the Apex Court in the year 2018in the case of Ultratech and therefore no intention to evade service tax can be imputed on the appellant. 

Curtailment of incentives under Package Scheme of Incentives due to introduction of GST

August 18, 2019 4416 Views 0 comment Print

The Respondents are directed to implement the Incentive Scheme as amended up-to-date with a discretion to modify the scheme so as to bring it in line with the new tax structure under the General Sales Tax scheme, but without reducing or restricting the benefits as conferred upon the Petitioner under the Incentive Scheme within a period of eight weeks from the date of receipt of this Judgment.

Extend due date for filing of GSTR -9, 9A and 9C for F.Y. 2017-18

August 18, 2019 90726 Views 53 comments Print

Request for extension of due date for filing of GST Annual Return & Reconciliation Statement (form GSTR -9, 9A and 9C) for F.Y. 2017-18 by Chamber of Tax Consultants

Extend Due date of GST Returns in Flood affected States

August 18, 2019 34143 Views 6 comments Print

Request for Relief by way of Due date Extension for GST Annual Return and Monthly Return, from Disastrous Flood Situation in state of Maharashtra, Karnataka, Kerala Andhra Pradesh Gujarat.

Section 80IA Value of electricity provided to sister concerns generated in assessee’s own captive plant

August 17, 2019 6261 Views 0 comment Print

CIT- LTU Vs M/s. Reliance Industries Ltd. (Bombay High Court) Assessee provided electricity generated by its captive power generating plant to its another units, then while computing deduction under section 80-IA of Income Tax Act, 1961, the value of electricity provided to another unit was to be at the rate for which electricity distribution companies […]

Simple Version of IND-AS-16 & IAS 16-Property, Plant & Equipment

August 17, 2019 27582 Views 1 comment Print

A SIMPLE VERSION OF INDAS-16 AND IAS 16 -PROPERTY,PLANT AND EQUIPMENT The relevant Accounting Standards relating to Property, Plant and Equipment are the following:- 1. AS-6, AS-10 2. INDAS-16 3. IAS-16 There is no major difference between INDAS-16 AND IAS-16.So the following details relate to both INDAS-16 and IAS-16. Property, Plant and Equipment are fixed […]

GST Order of Demand of Tax & Penalty should be passed after proper opportunity of hearing

August 17, 2019 1824 Views 0 comment Print

Kalpana Stores Vs State of Tripura & others (Tripura High Court) Under sub-section (1) of Section 129 thus the authorities enjoy the power of detention of goods in transit if it is found that the same is in contravention of the provisions of the Act or the rules. The detention can also be made of […]

Rule 8D not applies automatically on mere existence of mixed fund to disallowance u/s 14A

August 17, 2019 2256 Views 0 comment Print

Pr. CIT Vs Gujarat State Petronet Limited (Gujarat High Court) The language of Section 14A of the Act is plain and clear. Before invoking Rule 8D, the Assessing Officer is obliged to indicate that having regard to the accounts of the assessee, he is not satisfied with the correctness of the claim of the assessee […]

Penalty should not be imposed for Inadvertent and Bonafide Error

August 17, 2019 3942 Views 0 comment Print

Rasai Properties Pvt. Ltd. Vs DCIT (ITAT Mumbai) Admittedly, there has been an omission on the part of the assessee to disclose the LTCG on sale of the shops in its return of income for the year under consideration. However, at the same time, we cannot remain oblivious of the bonafides of the assessee, which […]

Interest on Delay Refund: 9% Payable from date of Filing of GSTR-3B

August 17, 2019 3219 Views 0 comment Print

Recent Judgement in the case of Saraf Natural Stone Vs UOI (Gujarat High Court) on Interest on Delayed Refund from Honorable Gujrat High Court as under – Facts: M/s. Saraf Natural Stone (referred as ‘SNS’), is partnership firm engaged in exporting of marble or natural stones, has refund claim for the exports made, the department […]

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