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Archive: 03 December 2019

Posts in 03 December 2019

Time barred ARA order rectification application not maintainable

December 3, 2019 561 Views 0 comment Print

Further, the applicant has filed rectification application on 10.10.2019 which is beyond the statutory limit of six months as prescribed under Section 102 of CGST Act/MGST Act, 2017. It is delayed and barred by limitation. Therefore, the said application is not found tenable under scope of rectification. Hence it is rejected.

AAR allows ‘Life Health Foods’ to withdraw application

December 3, 2019 620 Views 0 comment Print

In re Life Health Foods India Pvt. Ltd (GST AAR Maharashtra) The Application in GST ARA Form No. 01 of M/s. Life Health Foods India Pvt Ltd., vide reference ARA No. 44 dated 18.09.2019, is disposed of, as being withdrawn voluntarily and unconditionally. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, MAHARASHTRA PROCEEDINGS (under […]

AAR not allowed to answer question raised by Non-supplier

December 3, 2019 798 Views 0 comment Print

The applicant have themselves submitted that the scrap is the property of the vendors. Hence question with respect to taxability of sale/supply of such scrap can be raised only by the concerned vendors and not by the applicant. Hence in view of the provisions of Section 95 of the GST Act, since the supply of scrap, will not be undertaken/is proposed to be undertaken, by  the applicant, we are of the opinion that this authority is not allowed to answer the question raised by the applicant, being out of the purview of sec. 95 of CGST Act.

Amount received through Will of God Mother Eligible for Exemption u/s 56(2)(vii)

December 3, 2019 939 Views 0 comment Print

Cynthia Ramona Chellappa Vs. ITO (ITAT Chennai) The issue under consideration is whether the amount received through the Will of God-Mother is eligible for exemption u/s 56(2)(vii)? ITAT states that a perusal of the provisions of Section 56(2)(vii) shows that any amount received by an individual without consideration and the aggregate value exceeds 50,000, the […]

Databank and Exam of for Independent Directors – Critical Analysis

December 3, 2019 4290 Views 3 comments Print

In many Indian corporate frauds, it is found that independent directors either were just mute spectators or failed to detect an early signs of fraud. In some companies, it was found that watchmen, drivers, maids and other assorted individuals lent their name, identity and consent to become an independent director without aware of their roles […]

AAR cannot decide on Surrender of GST registration

December 3, 2019 8670 Views 0 comment Print

In other words, Section 97(2), which encompasses the questions, for the ruling by this Authority does not deal with the issue of whether a GST registration should be surrendered. Hence, it is held that this authority does not have jurisdiction to pass any ruling on such matters.

Nicotine Polacrilex Lozenge falls under Chapter Heading 38.24: AAAR Karnataka

December 3, 2019 591 Views 0 comment Print

In re Strides Emerging Markets Ltd (GST AAAR Karnataka) The active ingredient in ‘Nicotine Polacrilex Lozenge’ is Nicotine which is a natural alkaloid. Nicotine is bound to an ion-exchange resin (polymethacrilic acid) and administered in the form of tablets, chewing gum, lozenge or patches The chemical formulation of the nicotine bound to the resin polacrilexis […]

Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2019

December 3, 2019 2724 Views 0 comment Print

i. These Regulations may be called the Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2019. ii. They shall come into force from the date of their publication in the official Gazette.

ICAI announces dates for convocation of Members

December 3, 2019 2580 Views 0 comment Print

ICAI Convocation 2020 is to be held as per following schedule in which members newly enrolled during the period May 2019 to October 2019 will be awarded Certificate of Membership amidst august gathering of CA fraternity.

HC explains provision of Exemption from provisions of Section 194A to Co-operative Societies

December 3, 2019 4293 Views 0 comment Print

High Court held that in the case of deposits made by the petitioner societies with the Co-operative Banks, they would be entitled to the benefit of exemption under Section 194A(3)(iii)(v) of the Income Tax Act and, in respect of the deposits made by the petitioner societies with the Treasury, they will not be entitled to the benefit of exemption under Section taxguru.in 194A(3)(iii)(a) of the Income Tax Act.

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