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Archive: 08 March 2021

Posts in 08 March 2021

No GST exemption on ‘equipments on hire’ for ‘live videography’ to State Government

March 8, 2021 744 Views 0 comment Print

In re Jayshreeben Rameshchandra Kothari (GST AAAR Gujarat) The appellant has provided ‘equipments on hire’ for ‘live videography’ during the events or programmes held by the Government Department for which ‘Hire Charges’ have been paid by the Government Department to the appellant. The activity of ‘providing equipments on hire’ or ‘live videography’ is not an […]

GST exemption available to NHPC Ltd cannot be extended to sub contractor providing Works contract services for  road construction 

March 8, 2021 1638 Views 0 comment Print

In re NHPC Ltd. (GST AAAR Uttarakhand) Members of Uttarakhand Advance Ruling authority have different view on the applicability of GST on the sub-contractor so they made a reference to the appellate authority for hearing and discussion. Appellate authority in the case that whether the exemption available for PWD Uttarakhand and M/s NHPC Ltd, can […]

Sunset review investigation concerning imports of 2-Ethyl Hexanol

March 8, 2021 723 Views 0 comment Print

Case No. AD-SSR-12/2020 Sunset review investigation concerning imports of 2-Ethyl Hexanol Originating in or exported from European Union, Indonesia, Korea RP, Malaysia, Taiwan and United States of America.

SC on possession date when builder keeps the same as indefinite

March 8, 2021 6378 Views 0 comment Print

NBCC (India) Limited Vs Ram Trivedi (Supreme Court of India) Where the agreement uses clever drafting language, such as the developer would ‘endeavour’ to hand over possession within a period of time from date of allotment, the Supreme Court in the case of NBCC (India) Limited v. Shri Ram Trivedi [Civil Appeal No. of 20 […]

AO can make addition u/s 68/69C despite estimation of Income U/s 44AF

March 8, 2021 2226 Views 0 comment Print

Atul Dinesh Seth Vs ITO (ITAT Bnagalore) The contention of the A.R. is that once the income of the assessee estimated by applying the section 44AF of the Act, there cannot be any further addition for any lapse in the books of accounts. In these assessment years, except AY 2011-12, the turnover of the assessee is […]

Income from Sale of Carbon Credit is capital receipt & not business income

March 8, 2021 1992 Views 0 comment Print

CIT Vs Ambika Cotton Mills Ltd. (Madras High Court) Whether on the facts and circumstances of the case, the Tribunal was right in holding that the proceeds realized by the assessee on sale of Certified Emission Reduction Credit, which the assessee had earned on the Clean Development Mechanisam in its wind energy operations, is a […]

ESI contributions not payable on Conveyance Allowance : SC

March 8, 2021 20274 Views 0 comment Print

In this case, it is not the case of the Corporation that the employees concerned did not need to avail any conveyance expenditure to report for duty to their place of work, or otherwise in connection with their duties under their contracts of employment. Nor is there any such finding. We see no reason why Conveyance Allowance should not be excluded from the definiti

NCLT/NCLAT can exercise jurisdiction under Section 60(6)(c) of IBC, 2016

March 8, 2021 4587 Views 0 comment Print

The jurisdiction of the NCLT under Section 60(5)(c) of the Code cannot be invoked in matters where a termination may take place on grounds unrelated to the insolvency of the CD. It cannot even be invoked in the event of a legitimate termination of a contract based on an ipso facto clause, if such termination will not have the effect of making certain the death of the CD.

Pre GST Works Contracts – Enhanced GST rates shall be borne by the awarder – Madras HC

March 8, 2021 9315 Views 0 comment Print

In case of a works contractor who entered in to the contract before the introduction of GST, he is liable to pay tax applicable to the previous VAT regime only but the differential tax liability (GST) has to be   borne by the awarder.

SC excludes period from 15.03.2020 till 14.03.2021 in Limitation Computation

March 8, 2021 27561 Views 1 comment Print

In Re: Cognizance For Extension of Limitation (Supreme Court of India) 1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021. 2. In […]

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