"11 December 2022" Archive

GST payable on advance charges collected under Unparallel Health Insurance Scheme

In re Kasturba Health Society  (GST AAAR Maharashtra)

The charges collected under the Unparallel Health Insurance Scheme are to be considered as advance towards the provision of the health care services to the subscribers of this scheme, and accordingly. any amount collected towards this scheme will not be subjected to levy of GST...

Non-technical consultancy service not taxable as Fees for Included Services

DCIT Vs AC Nielsen Corporation (ITAT Mumbai)

ITAT Mumbai held that consultancy services not of technical nature cannot treated as Fees for Included Services as per sub-clause 4B of Article 12 of DTAA between India –USA and hence addition unsustainable...

Stamp duty value on date of agreement is to be considered, if date of agreement fixing consideration and registration is different

ITO Vs Rajni D. Saini (ITAT Mumbai)

ITAT Mumbai held that as per the provisions of 56(2)(vii)(b) of the Income Tax Act if the date of agreement fixing the consideration and date of registration are not in same, the stamp duty value may be taken as on the date of agreement fixing the consideration, instead of that on the date of registration....

Documents Required for Registration of Private Limited Company

PRIVATE LIMITED COMPANY REGISTRATION A firm that is privately owned and liability of its members is limited to the extent of share capital held by them or guarantee amount undertaken by them is called Private Limited Company. Private companies may issue stock and have shareholders, but their shares do not trade on public exchanges and [&h...

TDS on Rentals: Section 194I, Section 194IB and Section 194IC

Section 194I : Any person excluding Individual and HUF (However if they have 1 Cr. Turnover in case of Business and 50 Lacs in case of Profession, provision also applies to them) on payment of Rental Income of more than Rs. 2,40,000 to resident is required to deduct Tax at Source. Definition of Rent: “rent” […]...

Only Profit element can be added to income, not sales amount

ITAT held that in no case entire sales amount can be treated as income and only profit embedded should be treated as income for computation of income under Income Tax Act, 1961...

Non-speaking order under GST is not valid: Calcutta HC

Maxxcab Wires & Cables Pvt. Ltd Vs State Tax Officer (Calcutta High Court)

Calcutta High Court in the case of Maxxcab Wires & Cables Pvt Ltd & Anr vs State Tax Officer held that the Non-speaking Order under Goods and Services Tax is not valid....

Swoop on Chit Fund Companies

The recent swoop on the chit fund companies by the inspection teams of the department of Registration and Stamps reportedly followed by complaints of certain financial irregularities is most welcome. As a subscriber of many chit fund companies in the combined state of AP for several years, and as a retired legal manager of the […]...

Monthly GST Newsletter for December 2022

Please find below the important clarifications/ amendments issued by the Government on GST in November/ December 2022 alongwith compliance timelines in December 2022:Updates in the month of November/ December 2022 1. CBIC issues guidelines for verification of GST Transitional Credit Claims CBIC has issued guidelines for verification of GS...

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September 2023