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Archive: May, 2021

Posts in May, 2021

GST leviable on reimbursed amount, being advance payment by recipient towards cost incurred for provision of software services

May 18, 2021 3156 Views 1 comment Print

GST leviable on reimbursed amount, being advance payment by recipient towards cost incurred for provision of software services The AAAR, Tamilnadu in the matter of M/S. ICU Medical India LLP [Order-in-Appeal No. AAAR/10/2021(AR), dated March 10, 2021] modified the ruling of AAR, Tamilnadu, to the extent that Goods and Services Tax (GST) is leviable on […]

Mere abstract rule, principle or test can not determine character of a transaction

May 18, 2021 2496 Views 0 comment Print

An abstract rule, principle or test can not determine the character of a transaction, depends on facts and circumstances. CIT Vs. R V Gupta , Delhi High Court Also decided the question of distinction between a capital sale and an adventure in the nature of trade was considered by the Supreme Court in G. Venkataswami […]

Marginal Relief under Income Tax Act, 1961

May 18, 2021 6804 Views 0 comment Print

Understand the concept of marginal relief under the Income Tax Act, 1961. Learn how it provides relief on surcharges and reduces the tax burden.

Taxability of Gifts Received From Persons other than Relatives | Section 56(2)(X)

May 18, 2021 2145 Views 0 comment Print

Under Section 56(2)(x) Gifts from persons other than those covered in the definition of relatives are taxable  under the Head Income from other sources. Now a question arises that is it sufficient to offer a Gift from a person other than relatives as Income from Other Sources and pay tax ?  In my humble opinion […]

Gauhati HC stays Penalty imposed by Railways for misclassification of goods

May 18, 2021 1590 Views 0 comment Print

Vinayak Logistics and Anr Vs Union of India and 7 Ors (Gauhati High Court) Mr. Saraf, learned Senior counsel submits that such action of demand for misdeclaration that too after delivery of goods is in specific violation of Section 78 and 83 of the Railways Act 1989 and the law is settled by this Hon’ble […]

A Standard Health Insurance Policy or COVID19 Specific Policy- Still Confused?

May 18, 2021 1116 Views 0 comment Print

The highly asked question in the current times is definitely about the right health insurance policy. People at large extent are having a tough time in making selection between a comprehensive health insurance policy and COVID 19 specific policy, or do they really require a COVID19 related policy even when they have a health insurance […]

Guidelines for functioning of MahaRERA Conciliation & Dispute Resolution Forum

May 18, 2021 6378 Views 1 comment Print

Following procedure is prescribed for hearing to be conducted by the MahaRERA Conciliation and Disputes Resolution Forum in referred conciliation matters (online complaints) transferred by MahaRERA:

Insurance Ombudsman (Second Amendment) Rules, 2021

May 18, 2021 1062 Views 0 comment Print

In rule 7 of the Insurance Ombudsman Rules, 2017, in sub-rule (2), in clause (a), after the words may authorise, the words, and in case there is a vacancy in the office of the Chairperson of the Authority, the senior-most whole-time member of the Authority shall be inserted.

Guidelines for Determining Seniority of Complaints Filed Before Maharera

May 18, 2021 831 Views 0 comment Print

And whereas at present, when a complaint is registered before the MahaRERA, it is scheduled for hearing before the concerned Bench of MahaRERA as per its seniority, which is decided as per the date of registration/filing of the online complaint before the MahaRERA.

Sale of plots is not a supply under GST

May 18, 2021 8253 Views 0 comment Print

In re Shantilal Real Estate Services (GST AAR Goa) As per entry 5(b) of Schedule II of SGST Act, construction of a complex, building, civil structure or part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion […]

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