"03 July 2020" Archive - Page 3

Amendment in Section 254(2A) | Directory or Mandatory? | Case referred to President of ITAT

Tata Education and Development Trust Vs ACIT (ITAT Mumbai)

The issue under consideration is regarding application of Stay of Demand in front of Tribunal, whether the amendment done by Finance Act, 2020 in Section 254 will be applicable in present case?...

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Govt relaxes guidelines related to small savings schemes

SB Order 25/2020 03/07/2020

Govt relaxes guidelines related to small savings schemes and allowed further relaxation till 31st July 2020 in respect of Post Office 1,2,3,5 Year Time Deposit, 5 Year Recurring Deposit Scheme, Senior Citizen Savings Scheme, Monthly Income Account, Public Provident Fund Scheme,  and Sukanya Samriddhi Account scheme. SB Order 25/2020 e.F....

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CBEC Letter cannot enlarge scope of exemption notifications

Sova Solar Ltd. Vs CCE & ST (CESTAT Kolkata)

Sova Solar Ltd. Vs CCE & ST (CESTAT Kolkata) It is pertinent to consider whether CBEC can enlarge or modify the scope of an exemption notification which is in the form of a subordinate legislation through a letter or circular. Taxing statutes have to be strictly construed and the power of taxation lies with the […]...

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SEBI (Investment Advisers) (Amendment) Regulations, 2020

No. SEBI/LAD-NRO/GN/2020/22 03/07/2020

1. These Regulations may be called the Securities and Exchange Board of India (Investment Advisers) (Amendment) Regulations, 2020. 2. They shall come into force on the ninetieth day from the date of their publication in the Official Gazette....

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AAR explains conditions for charge of 0% GST on Sale of Paneer

In re Jain Dairy Products Pvt. Ltd. (GST AAR Gujarat)

In re Jain Dairy Products Pvt. Ltd. (GST AAR Gujarat) Question-1: Whether the benefit of exemption of GST at 0% is applicable for the invoices raised to the end use users in case of selling of paneer in loose form without sealing of packet / in loose carry bags and bearing details like name of […]...

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AAR explains Classification of Zip Roll, Finished Zippers & Sliders for GST

In re Bhaveen Ramesh Shah Proprietor of M/s The Roll Company (GST AAR Gujarat)

In re Bhaveen Ramesh Shah Proprietor of M/s The Roll Company (GST AAR Gujarat) Question: What is the Classification as per HSN and rate of tax in terms of the Notification No.01/2017-Central Tax (Rate) dated 28.06.2017 as amended by the Notification No.18/2018-Central Tax (Rate) dated 26.07.2018 in respect of their products, (i) The Zip R...

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AAR explains GST on education services by Nirma University

In re Nirma University (GST AAR Gujarat)

In re Nirma University (GST AAR Gujarat) Q.1 Whether Nirma would be eligible for claiming benefit of the exemption for legal services as provided in Sr. No.45 of the Notification No.12/2017-Central Tax (Rate) dated 28th June, 2017, as amended from time to time in respect of procurement of legal services? From the applicant’s submission...

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AAR explains Function entrusted to a Panchayat/Municipality for concessional GST

In re Jayshreeben Rameshchandra Kothari (GST AAR Gujarat)

In re Jayshreeben Rameshchandra Kothari (GST AAR Gujarat) We find that during the course of discharge of various functions by various entities, different work orders are issued according to which services are provided by the applicant. The scope of work as defined in the Work Orders submitted by the applicant on sample basis do not [&hell...

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GST: Conditions for a contract to get classified as pertaining to Railways

In re SKG-JK-NMC Associates (JV) (GST AAR Gujarat)

In re SKG-JK-NMC Associates (JV) (GST AAR Gujarat) The Contract of the applicant should satisfy the following conditions to get covered under the contract pertaining to Railways and to enjoy concessional rate of GST of 12% instead of 18% [(3(v)(a) of the Notification No.11/2017-Central Tax (Rates) dated 28.06.2017]  (i) The Contract must...

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GST on Franchisee Fees & Royalty for use of trademark, brand name, IPR

In re Tea Post Private Ltd (GST AAR Gujarat)

In re Tea Post Private Ltd (GST AAR Gujarat) Question-1: Classification of any goods and services or both for which ‘Franchisee Fees’ and ‘Royalty’ received by the applicant under the franchisee agreement from the franchisee for the right to use its trademark, brand name and other proprietary knowledge (Intellectua...

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