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Archive: 08 March 2022

Posts in 08 March 2022

Clarification Related to Registration of Project under Rajasthan RERA

March 8, 2022 1809 Views 0 comment Print

or the purpose of determining whether a real estate project requires to be registered under section 3 or should be treated as exempt under clause (a) of sub-section (2) of section 3 of the Act, the area of land and the number of apartments proposed to be developed in the project will be reckoned on the basis of the project as it is marketed, not so much on the basis of how it is physically being constructed or developed on the ground.

जीएसटी और आयकर पोर्टल पर करदाता के लिए बनाया गया शिकायत निवारण सिस्टम एक ढकोसला

March 8, 2022 4494 Views 1 comment Print

आयकर एवं जीएसटी रिटर्न, उनके निर्धारण और रेक्टिफिकेशन संबंधित समस्याओं पर बार बार लिखने के बावजूद भी कोई ध्यान नहीं दिया जाता. हर बार एक स्टेंडर्ड घिसा पिटा जबाब देकर पिंड छुड़ा लिया जाता है और करदाताओं की समस्या ज्यों की त्यों बनी रहती है. खासकर नान प्राफिट समितियों और रिफंड केसों में तो कोई […]

Employee Contribution To PF/ESI of AY 2019-20 paid before ITR Filing allowable

March 8, 2022 2043 Views 0 comment Print

Methods (India) Private Limited Vs DCIT (ITAT Bangalore) In this case there is no dispute that the assessee made payment of the Employees share of PF/ESI on or before the due date for filing return of income for AY 2017-18 u/s. 139(1) of the Act. The next aspect to be considered is whether the amendment […]

Clean Service Record can be A Significant Factor in Promotion for A Post: SC

March 8, 2022 1314 Views 0 comment Print

A marred service record, though not an insurmountable bar, must carry some consequences, and it could be a comparative disadvantage in promotion for a selection post. The employer’s preference for a person with a clean service record can be well appreciated.

State not bound to accept the highest tender of bid: SC

March 8, 2022 3009 Views 0 comment Print

State of Punjab Vs Mehar Din (Supreme Court of India) This Court has examined right of the highest bidder at public auctions in umpteen number of cases and it was repeatedly pointed out that the State or authority which can be held to be State within the meaning of Article 12 of the Constitution, is […]

Mere representation filing does not extend limitation period: SC

March 8, 2022 3318 Views 0 comment Print

Surjeet Singh Sahni Vs State of U.P. (Supreme Court of India) As observed by this Court in catena of decisions, mere representation does not extend the period of limitation and the aggrieved person has to approach the Court expeditiously and within reasonable time. If it is found that the writ petitioner is guilty of delay […]

Poultry crate classifiable under Chapter 39231090

March 8, 2022 2325 Views 0 comment Print

In re Nilkamal Limited (GST AAR Maharashtra) The impugned product i.e. poultry crate is an article of plastic. It is used for the conveyance of poultry and from a reading of para 5.5.2 above it is clear that the said product is clearly covered under sub heading 392310 of the Tariff. However it is seen […]

Whether any supply constitutes Continuous supply of Goods- AAR cannot answer

March 8, 2022 2166 Views 0 comment Print

In re AVS Tech Building Solutions India Pvt (GST AAR Karnataka) The applicant has sought advance ruling, in their application, in respect of the question ‘Whether our supply of goods – Ready Mix Concrete (HSN Code: 38245010) is covered under definition of Continuous supply of Goods under Section 2(32) of the CGST Act 2017?’ AAR […]

GST on reimbursement of stipend paid to trainees on behalf of Industry partner

March 8, 2022 3276 Views 0 comment Print

In re Teamlease Education Foundation (GST AAR Karnataka) a. Whether, the Applicant is acting as a pure agent of the Industry partner to the extent of reimbursement received towards stipend paid to trainees on behalf of Industry partner as part of training agreement and therefore the said reimbursement is not chargeable to GST? The Applicant […]

AAR cannot answer Question on ITC Utilisation & ITC claim method

March 8, 2022 1920 Views 0 comment Print

 In re Bharatiya Reserve Bank Note Mudran Private Limited (GST AAR Karnataka) 1. Whether ITC can be claimed on common services which are utilized for both taxable as well as exempted supplies? Ans : This question is not covered under the issues referred to in Section 97(2) of the CGST Act 2017, in respect which […]

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