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Archive: 20 November 2019

Posts in 20 November 2019

Customs: No penalty U/s. 112(a) on goods not liable for confiscation U/s. 111

November 20, 2019 7542 Views 0 comment Print

The short point to be decided is whether the consignment MFD copiers imported prior to 05.06.2012 when the restriction was imposed upon them are liable to confiscation under section 111(d) for violation of Foreign Trade Policy.

Sale of tea manufactured from leaves purchased from third parties is agricultural activity & eligible for deduction of 60%

November 20, 2019 3912 Views 0 comment Print

The issue under consideration is whether income from sale of tea manufactured and sold from tea leaves purchased from third parties was from non-agricultural activity and therefore, was not eligible for deduction of 60%?

Entertainment Tax levied by municipality is constitutionally valid under GST regime

November 20, 2019 5454 Views 1 comment Print

Balaji Theatre Vs Chief Secretary (Madras High Court) It is not in dispute that the Puducherry Municipalities Act, 1973, is an enactment, which is still in force and thus, the authorities competent under the above enactment are bound and entitled to act in accordance with the relevant provisions made thereunder. Section 118(1)(b)(ii) of the Puducherry […]

Amendment on Criteria of Related Party Transaction on 18.11.2019

November 20, 2019 6105 Views 0 comment Print

Amendment in Criteria of threshold limits for  Related Party Transactions (RPT) vide Companies (Meetings of Board and its Powers) Second Amendment Rules, 2019 On 18th November,2019 Ministry of Corporate Affairs (MCA) had notified amendment in the Companies (Meeting of Board and its Powers) Rules, 2014 and amended criteria for Related Party Transactions (RPT) by amending […]

20% ITC Restriction under Rule 36(4) of CGST Rules, 2017

November 20, 2019 23997 Views 3 comments Print

Clarification regarding New Rule 36(4) of CGST Rules, 2017, Restriction in Availment of  Input Tax Credit (ITC) Circular No. 123/42/2019– GST, Dt. 11 Nov 2019 This being a new provision, the restriction is not imposed through the common portal and it is the responsibility of the taxpayer that credit is availed in terms of the […]

Incorrect Data in certain IECs

November 20, 2019 5628 Views 0 comment Print

The Director General of Foreign Trade (DGFT) has recently issued a Trade Notice No. 39/2019-20 dated 19 November 2019 to highlight Incorrect Data in certain IECs (Import Export Code number). Please find below synopsis of Trade notice for your reference: On analysis of the DGFT IEC database, it has been observed that there are certain data mismatch issues […]

Mere admitted liability not enough to invoke Section 79 provision of CGST Act

November 20, 2019 7458 Views 0 comment Print

GST – Section 79- whether mere admitted liability is enough for invoking the provision under Section 79 of CGST Act – validity of recovery proceedings in the absence of assessment – term amount payable by a person – initiation of proceeding for provisional attachment –

Advance ruling application not admittable if applicant is not supplier

November 20, 2019 621 Views 0 comment Print

The applicant is not engaged in the manufacture and supply of ENA presently. The representatives were asked to submit as to why the applicant is seeking advance ruling on this issue in view of the fact that advance ruling is binding only on the takpayer who has sought it. They were told that a ruling on this issue will not help the applicant in any way as he is not the supplier of the same.

AAAR cannot determine if Supply of services amounts to export or not

November 20, 2019 1509 Views 0 comment Print

In re Mayank Jain (GST AAAR Maharashtra) Once it has been decided that the entire gamut of activities of the Appellant, which are in the nature of the facilitation of the main services between the Consultant Manager and its customers, i.e. prospective investors, are those of an intermediary, we proceed to the determination of the […]

No exemption from GST on GTA services for Mere non-issuance of consignment note

November 20, 2019 1764 Views 0 comment Print

In re K M Trans Logistics Private Limited (GST AAAR Rajasthan) The appellant/applicant, vide its application dated 12.06.2019 filed before the Rajasthan Authority for Advance Ruling, had stated that the appellant is a service provider having its registered office at Jaipur, Rajasthan, and providing transport services to various manufacturers of motor vehicles for carrying their […]

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