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Archive: 19 May 2020

Posts in 19 May 2020

Supply under Automatic Fare Collection project qualifies as ‘composite supply’

May 19, 2020 1095 Views 0 comment Print

In re NEC Technologies India Pvt. Ltd (GST AAR Gujarat) Question 1: Whether the supply made by the applicant under the Automatic Fare Collection (AFC) project would qualify as: (a) ‘works contract’ defined under section 2(119) of the CGST Act, 2017; or (b) ‘composite supply’ defined under section 2(30) of the CGST Act, 2017? Answer: The supply […]

No ITC on transportation of employees which is not obligatory under Law

May 19, 2020 2868 Views 0 comment Print

 If the facility provided by a taxpayer for transportation of employees is not obligatory under any law, for the time being in force then no ITC will be available to such a taxpayer. The applicant will however be eligible to claim ITC for the service supplied at 12% GST Rate if the conditions laid down in the second proviso to section 17 (5)b are satisfied.

Extending Master KYC Direction, 2016 to Housing Finance Companies

May 19, 2020 813 Views 0 comment Print

It has been decided to extend the Master Direction – Know Your Customer (KYC) Direction, 2016 to all Housing Finance Companies. Instructions/ guidelines/ regulations contained in the circulars mentioned in the Appendix, issued by National Housing Bank (erstwhile regulator of Housing Finance Companies) stand repealed.

Revised SOP for movement of stranded workers by train

May 19, 2020 432 Views 0 comment Print

Due to lockdown, migrant workers are stranded at different places. They would be allowed to move by trains as under: i. Movement of Shramik Special trains shall be permitted by Ministry of Railways (MoR), in consultation with Ministry of Home Affairs (MHA).

Airline not liable for delay in receiving transshipment application at Air Cargo due to arrest of Officers

May 19, 2020 954 Views 0 comment Print

Since there was total or near total disruption of work due to alleged arrest of the customs officers and therefore, the delay in receiving and processing of transshipment application should not be at the cost of the Qatar Airways and assessee was not liable for demurrages and transshipment charges by Air Port Authority of India

No adjudication proceedings solely based on inculpatory statements of witnesses & notice alone

May 19, 2020 4653 Views 0 comment Print

Adjudication proceedings under the Customs Act, 1962 could not solely be based on the inculpatory statements of witnesses and noticee alone. Such statements could be only used for corroborating the case which the Department proposed to establish before the quasi-judicial authorities.

HC Judgement in Respect to Section 73 & 74 | CGST Act 2017

May 19, 2020 34254 Views 3 comments Print

In this article I am going to share you three important Judgments rather Tools which you can refer for filing your reply in response to notices under Section 73 and Section 74 of CGST Act, 2017which will be useful for you to complete the Proceedings.

Conduct of AGM VIA VC or OAVM During Calendar Year 2020

May 19, 2020 6447 Views 0 comment Print

Annual General Meeting (AGM) of the Company may be held through Video Conferencing (VC) or other Audio Visual Means (OAVM) during the calendar year 2020– MCA Circular No. 20/2020 dated 05.05.2020 Vide this circular all Companies whose financial year whether ended on 31.12.2019 or 31.03.2020 are allowed to conduct their AGM through VC or OAVM […]

GST on Freight Charges in Import & Export Transactions

May 19, 2020 224868 Views 13 comments Print

This article Covers GST on Freight Charges in Import and Export transactions i.e. Ocean Freight and Air Freight. For our discussion Ocean freight is divided into two types based on destination of goods/Cargo namely: -Ocean freight in respect to Imports of goods -Ocean freight in respect to Exports of goods Ocean freight in respect to […]

No addition for TP Adjustment towards interest on debentures invested in AE

May 19, 2020 3564 Views 0 comment Print

Gurgaon Investment Ltd. Vs DDIT (ITAT Mumbai) The issue under consideration is whether addition made on account of Transfer Pricing Adjustment towards interest on debentures invested in the Associated Enterprise (AE) Vital Construction Pvt. Ltd. (VCPL) is justified or not? Assessee, a non-resident company incorporated in Mauritius. Through one of its AEs based in Mauritius […]

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