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Archive: 08 October 2021

Posts in 08 October 2021

GST payable on EPF, ESI, Salary, or Wages reimbursed by Hospital

October 8, 2021 2241 Views 0 comment Print

In re Smt. Bhagyalakhsmi Devamma Vangimallu (GST AAR Telangana) The applicant has made various averments regarding the deductibility of Wages / Salaries, EPF, ESI contribution which are reimbursed by the Hospital from the value of supply which is exigible tax under CGST/SGST Act. AAR held that Applicant is not a pure agent under GST Law. Further […]

Manpower Agency cannot escape GST liability on Gross amount by showing Services Charges and Salary/Wages Separately

October 8, 2021 7317 Views 1 comment Print

In re Prodip Nandi (GST AAR West Bengal) Manpower Agency cannot escape GST liability on Gross amount by showing Services Charges and Salary/Wages Separately The applicant thus engages contract labour towards supply of manpower services as requited by his clients (recipient of services). Rule 33 of the CGST/WBGST Rules, 2017 clearly speaks that one of […]

GST on amount received by Arbitration for works executed in pre-GST period

October 8, 2021 26139 Views 0 comment Print

 In re Continental Engineering Corporation (GST AAR Telangana) GST payable on amount received through Arbitration for work executed in pre-GST period Telangana Authority for Advance Ruling  has held that Goods and Services Tax (GST) would be payable on the amount received through Arbitration for work executed in the pre-GST period. M/s. Continental Engineering Corporation (Applicant) […]

Aahana Naturopathy Centre not eligible for GST Exemption

October 8, 2021 1740 Views 0 comment Print

In re Corbett Nature Reserve (GST AAR Uttarakhand) We find that the applicant in their website has advertised that in the AAHANA NATUROPATHY CENTRE, they are providing the facilities of Ayurveda (the ancient Indian art of healing), Nature Cure (drugless cure), Yoga (Mind Body balance), Western Spa therapies (body detox) and multitude of relaxing therapies and […]

An Assessment attracts Section 263 revision if AO has not taken one of two possible views

October 8, 2021 633 Views 0 comment Print

Sanctuary Television Pvt. Limited Vs DCIT (ITAT Hyderabad) The PCIT holds that in this case administrative expenses were in the nature of pre-operative expenditure which could not be set-off against the assessee’s foregoing interest income. And that the Assessing Officer’s action allowing the assessee’s claim in a very casual and mechanical manner deserves to be […]

Understaning financial manoeuvring and shell entities

October 8, 2021 2775 Views 0 comment Print

Objective The Author in this article discusses two issues namely: 1) Application of section 68 in case of share application money to the web of intermediaries and 2) how one can-not misuse rule 27 of ITAT rules. Both the issues are based on recent judgements of Mumbai tribunal Structure-: The article gives authors own analysis. […]

Section 138 NI Act Directors responsible if they were in charge of & responsible for conduct of business of company: SC

October 8, 2021 6285 Views 1 comment Print

Ashutosh Ashok Parasrampuriya Vs Gharrkul Industries Pvt. Ltd. (Supreme Court of India) The issue for determination before us is whether the role of the appellants in the capacity of the Director of the defaulter company makes them vicariously liable for the activities of the defaulter Company as defined under Section 141 of the NI Act? In that perception, […]

Priority Sector Lending- Banks’ lending to NBFCs for on-lending – Extension of facility

October 8, 2021 531 Views 0 comment Print

Loans disbursed under the on-lending model will continue to be classified under Priority Sector till the date of repayment/maturity whichever is earlier. Further, bank loans to HFCs for on-lending for the purpose of housing, as prescribed in para 23 of our MD on PSL dated September 4, 2020, will continue as hitherto.

Direct beneficial interest in asset/ bank account is a pre-requisite for issuing Notice u/s 148

October 8, 2021 1029 Views 0 comment Print

Hon’ble Tribunal uphold the observations of Ld. CIT(A) wherein it was observed that in order to assess the asset/bank account held by a third party in the hands of the respondent assessee the department has to prove that the assessee has direct beneficial interest in the asset/bank account held by third party.

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