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Archive: 10 December 2019

Posts in 10 December 2019

Intermediary and Export of Services under GST

December 10, 2019 98190 Views 4 comments Print

Under GST, tax is levied on the taxable supply of goods/services. Tax is applicable on the taxable services supplied in India. In the GST regime, intermediary services by Indian suppliers to foreign principals are taxed to GST. In common parlance, any person who enables the supply of goods/services between two persons, is considered as intermediary.

1 E-Way Bill, 2 GST Returns, 3 Victims Blocking of E-Way Bill on Non Filing of GST Return

December 10, 2019 15222 Views 3 comments Print

GST department has issued FAQ regarding Blocking and Unblocking of generation of E-Way Bill. W.e.f 1.12.2019 The department has taken the reference of Rule 138E of CGST Rules, 2017 and has started the process of Blocking the generation of E-Way Bill of Taxpayers who have not filed GSTR 3B for consecutive 2 or more periods. Near about 20.75 Lakhs taxpayer are affected due to non filing of GSTR 3B.

‘Nimbooz’ cannot be classified as ‘Lemonade’ : CESTAT Chennai

December 10, 2019 1545 Views 0 comment Print

The appellant is engaged in the manufacture of aerated water and beverages which are sold under the brand ‘Nimbooz’ from March 2009 onwards. The issue under consideration is classification of ‘Nimbooz’.

Nestle’ guilty of profiteering as not adopted correct methodology to pass on ITC Benefit

December 10, 2019 2454 Views 0 comment Print

Director General of Anti-Profiteering Vs M/s Nestle India Ltd (National Anti-Profiteering Authority) 1. The present Report dated 08.10.2018 and the supplementary Reports dated 16.01.2019, 01.02.2019, 15.03.2019, 08.05.2019 and 12.06.2019 have been received from the above Applicant (here-in­after referred to as the DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Services […]

Trust But Verify

December 10, 2019 2799 Views 1 comment Print

There are various provisions in the Act which give exemptions and deductions with the sole intention of promoting Social Development & Scientific Research which contributes in the overall growth of the Nation. Section 35(1)(ii) of the IT Act is one of such provision. This article is a small effort to explain how these provisions are being mis- utilised and frauds committed and the state is deprived of its genuine taxes. This information will guide the Assessing Officers when they come across any such Cases.

Builder denies ITC benefit to buyers post-GST implementation: NAA held guilty of profiteering

December 10, 2019 942 Views 0 comment Print

Sh. Santha Sivaram Vs Virgo Properties Pvt. Ltd. (National Anti-Profiteering Authority) We have carefully considered all the submissions filed by the Applicant No. 1, the Respondent and the other material placed on record and find that the Applicant No. 1, vide his complaint dated 05.04.2018 had alleged that the Respondent was not passing on the […]

GST Liability of Accommodation Services Provided To A SEZ Unit

December 10, 2019 27267 Views 0 comment Print

Special Economic Zone (SEZ) unit a designated duty-free enclave and is treated as foreign territory for trade operations, duties and tariffs. Since introduction of SEZ scheme in India, the Government have been provided the beneficial provisions in SEZ Acts and SEZ Rules for duty free procurement of goods from the abroad as import as well […]

Group & Faceless Assessment: The E-assessment Scheme, 2019

December 10, 2019 5187 Views 0 comment Print

With a view to impart greater efficiency, transparency and accountability, the idea of group assessment of income has been proposed over the last few decades. In the course of the re-structuring of the department, in 2001, a system of group assessment was sought to be introduced by way of setting up of assessment range, where Joint Commissioner of Income-tax, Assistant Commissioner of Income-tax and Income-tax officer were given concurrent jurisdiction over the cases.

GST: Classification ambiguity for parts of medical devices

December 10, 2019 6702 Views 2 comments Print

The issues in GST do not seem to be paving way for solutions in near future. This article is regarding highlighting the problem in the latest circular issued by the CBIC vide Circular No. 113/32/2019-GST dated 11.10.2019 in respect of the classification of parts of medical equipments. The issue that has been dealt in point […]

Face of Faceless e-Assessments: Artificial Intelligence, Machine Learning & Team Based Scrutiny!!

December 10, 2019 2232 Views 0 comment Print

The Regular Assessments u/s 143(3)/143(3A) being conducted under the New Scheme of e-Assessments 2019, are more popularly known as ‘Faceless Assessments’ & ‘Jurisdiction-less Assessments’.

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