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Archive: December, 2019

Posts in December, 2019

Replacement of machines as a whole cannot be held as revenue expense

December 17, 2019 1377 Views 0 comment Print

he total replacement cost of three machineries in question purchased by the Assessee amounting to Rs.54,59,149/- came to be allowed by the Tribunal as ‘repairs maintenance expenditure’ or ‘revenue expenditure’.

FM holds Pre-Budget Consultation with Representatives of Industry, Services and Trade Groups

December 17, 2019 957 Views 0 comment Print

Union Minister of Finance & Corporate Affairs, Smt. Nirmala Sitharaman, held third Pre-Budget Consultations with stakeholder Groups from Industry, Trade and Services Sectors in connection with the forthcoming General Budget 2020-21 here today.

DGGI Mumbai busts major IGST refund racket, arrests one

December 17, 2019 1032 Views 0 comment Print

DGGI-MZU has arrested one Shri Tejas Desai on Saturday (December 14, 2019) for fraudulently availing input tax credit of Rs. 41.15 crores without any supply of goods and services and only on the strength of bogus invoices. The arrested person had claimed Rs. 38.55 crores as IGST refund against exports. 

EVM is beyond the scope of RTI Act : Delhi HC

December 17, 2019 846 Views 0 comment Print

Election Commission Of India Vs Central Information Commission (Delhi High Court) An EVM which is sought for by this RTI application is not miniature/replica and hence cannot said to be a model. It cannot be termed to be information within the meaning of Section 2(f) of the Act. It is manifest that Section 3 of the […]

Granting of discounts not amounts to passing of benefit of tax reduction

December 17, 2019 1134 Views 0 comment Print

Director General of Anti-Profiteering Vs Krishna Trading Company (National Anti-Profiteering Authority) The Respondent has admitted in his submissions that he was aware of the above tax reductions and hence he should have immediately reduced his sale prices commensurate with the rate reductions. He also cannot claim that he has not reduced the prices of the […]

Annuities payable to NRI/OCI are subject to TDS: IRDAI

December 17, 2019 4584 Views 0 comment Print

Annuity payable by ASPs to NRIs and OCIs will be taxed at source, at rates applicable as per the DTAA (Double Taxation Avoidance Agreements) of the country where the annuitant resides.

ITC not admissible on original invoices issued by service provider from old GST No.

December 17, 2019 1440 Views 0 comment Print

In re Vivo Mobile India Pvt Ltd. (GST Uttar Pradesh)  i. Whether the input tax credit is admissible on the basis of original invoices issued by service provider from old GST No. 09AVKPS1666H2Z1. Ans: In view of discussions held above, input tax credit is not admissible to the applicant on the basis of original invoices […]

Provisional Attachment not permissible u/s 83 when proceedings u/s 62, 63, 64, 67 or 74 of CGST Act not pending

December 17, 2019 3384 Views 0 comment Print

A reading of Section 83 of the CGST Act makes it clear that a sine qua non for exercising powers under this provisions is that proceedings should be pending u/s 62, 63, 64, 67 or 74 of the CGST Act. Presently, the proceedings u/s 67 are no longer pending and pursuant to search, proceedings under any of the other sections mentioned in Section 83 were not initiated.

RBI releases Annual Report of Ombudsman Schemes

December 17, 2019 948 Views 0 comment Print

The Banking Ombudsman Scheme (BOS) was notified by RBI in 1995 under Section 35A of the Banking Regulation Act, 1949. During 2018-19 the BOS was administered by RBI through 21 Offices of Banking Ombudsman (OBOs) covering all states and union territories

Proof of not been able to upload form Tran-1 due to technical glitches, not mandatory

December 17, 2019 2637 Views 0 comment Print

A. B. Pal Electricals Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) as per Notification No. 49/2019 dated 09.10.20 19 issued by CBIC, the date prescribed for filing of Form GST TRAN-1 under Rule 117 (1A) of the CGST Rules has been extended to 3 1.12.2019. This itself demonstrates that the Respondents […]

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