"25 February 2020" Archive - Page 4

Section 80-IBA Affordable Housing Scheme: Analysis of Section, FAQs, Relevant Case Laws and Updated with Finance Act 2020

Whether nearby cities which are in 25 km from municipality are to be considered at par with metro cities for FY 2016-17? Solution: - Yes, because same conditions are there for nearby cities which are within 25km from municipal limits of metro cities. And From FY 2017-18, nearby cities will be considered as non metro cities even though th...

Posted Under: Income Tax |

Section 10(38) – Tax on Long Term Capital gains from on the transfer of equity oriented funds

Finance Act, 2017 amended section 10(38) of the Income-tax Act, 1961 (the Act) stating that long term capital gains from transfer of listed equity shares acquired on or after 01 October, 2004, would be exempt from tax under section 10(38) of the Act only if the Securities transaction Tax (STT) was paid at the time of acquisition of such s...

Posted Under: Income Tax |

How to opt for Online Assessment and Submit Online response

Presently, notice u/s 143(2) is generated by CASS in ITBA. Also, AO issues the statutory notice including notice u/s 142(1) with Questionnaire of the IT Act 1961 from the ITBA assessment module to the assessee’s designated email ID. Similarly, there are many proceedings of the Income Tax Act which require notice or correspondence betwee...

Posted Under: Income Tax |

Self-adhesive HAUV Polyester Film with U.V. Printing classifiable under Chapter 3919

In re Security Printing And Minting Corporation of India Limited (GST AAR Maharashtra)

In re Security Printing And Minting Corporation of India Limited (GST AAR Maharashtra) The issue before us is with respect to classification of Heat Activated Ultra-Violet (HAUV) Polyester Film with Adhesive Coating and U.V. Printing”, a product imported by the applicant and further sold by them. Applicant wants to ascertain the cor...

NCLAT : Defaulting company liable to repay FDR amount alongwith interest to its deposit holders

Ateet Bansal Vs Unitech Ltd (NCLAT)

Following the principle of justice and equity, the defaulting company "Unitech" was liable to repay the amount to its deposit holders principal along with the future interest @12.5% per annum from the date of maturity of the respective FDR till receipt thereof alongwith Rs.50000/- each to assessees towards cost of litigation, costs etc...

Posted Under: Income Tax | |

AAR cannot decide on question which is already pending before department

In re Lear India Engineering LLP (GST AAR Maharashtra)

In re Lear India Engineering LLP (GST AAR Maharashtra) Whether the design & Development services provided by Lear India to Lear entities situated aboard would fall under the category of OIDAR. services. In view of the provision to Section 98(2) of the CGST Act, 2017, we find that this authority cannot admit the application in [&hellip...

Export or intra-state supply of services- AAR cannot decide

In re Panbase Resources Private Limited (GST AAR Maharashtra)

The questions posed by the applicant involve determination of place of supply of the services provided, as the applicant considering himself as intermediary, has asked for a ruling on whether the services qualify to be an export or an intra-state supply of the services....

AAR Tamilnadu allows Real estate developer to withdraw Application

In re Latest Developers Advisory Limited (GST AAR Tamilnadu)

It is stated that the present application was filed in respect of a transaction proposed to be undertaken by the applicant in the state of TamilNadu however on account of unfavourable market conditions and other commercial factors, the applicant has not been in the position to proceed their business activity of identifying land for constr...

Britannia Winkin’ Cow Thick Shake’ classifiable under CTH 22029930

In re Britannia Industries Limited (GST AAR Tamilnadu)

UHT Sterilized Flavoured Milk marketed under the brand name 'Britannia Winkin' Cow Thick Shake' by the applicant is not classifiable under the Tariff heading '0402 /0404 but classifiable under CTH 22029930....

GST on import of drill bits for supply to ONGC at its location in India on consumption basis

In re Halliburton Offshore Services Inc. (Drill Bits) (GST AAR Andhra Pradesh)

In re Halliburton Offshore Services Inc. (Drill Bits) (GST AAR Andhra Pradesh) In view of the submission made by the applicant we find that the basic issue before us is whether the import of drill bits for supply to ONGC at its location in India on consumption basis involves two supplies namely, Import into India […]...

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