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Archive: 22 December 2022

Posts in 22 December 2022

Welding of railway tracks along with labour services is a ‘Composite Supply’ taxable at 18% GST

December 22, 2022 699 Views 0 comment Print

AAR held that welding process on railway tracks along with supply of labour services shall be treated as ‘Composite Supply’ of services falling under Tariff 995429 and shall be taxable at the rate of 18% vide serial number 3(xii) of Notification No. 11/2017-Central Tax (Rate) dated June 28, 2017

Transfer of business qualify as a ‘going concern’ if not have Intention or necessity of liquidation or of curtailing materially the scale of operations’

December 22, 2022 5940 Views 0 comment Print

In re Jayesh Popat (GST AAR West Bengal) Whether the transaction of transfer of business by the applicant shall be treated as a supply of services and would be covered under Serial No. 2 of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017? It therefore appears that to qualify as a ‘going concern’, the business […]

Project Implementing Agency making supplies to State Govt Dept/ Directorate is required to issue tax invoice on contract value

December 22, 2022 558 Views 0 comment Print

AAR ruled that assessee acting as Project Implementing Agency, making supplies to State Government Department is required to issue tax invoice on contract value as determined by Department in spite of the fact that there is no value addition in supply.

Can ITC be availed on non-civil constructions like shed

December 22, 2022 19581 Views 0 comment Print

Section 17(5) blocks ITC in respect of certain goods and services. One such service is works contract service as per section 17(5)(c).

GST @12% leviable on contract w.r.t. construction of new railway sidings

December 22, 2022 1101 Views 0 comment Print

In re Triveni Engicos Private Limited (GST AAR West Bengal) The AAR, West Bengal  in the matter of Triveni Engicons Private Limited [Order No. 14/WBAAR/2022-23 dated December 22, 2022] has ruled that the construction work carried out by the assessee of new private sidings pertains to the railways and GST @12% will be applicable on […]

Rule of alternate remedy not a bar for High Court to exercise Writ jurisdiction

December 22, 2022 1335 Views 0 comment Print

Opportunity to cross examine witnesses not given to petitioner. Rule of alternate remedy not a bar for High Court to exercise Writ jurisdiction.

HC set-aside order as assessee not able to file reply due to technical glitch on portal

December 22, 2022 1419 Views 0 comment Print

Pallavi Naresh Shah Vs. Union of India (Bombay High Court) No reply was filed by the assessee due to technical glitch on portal. order passed subsequently, under Section 147 r/w section 144B of the Income Tax Act, 1961 set aside. Matter remanded back. The Petitioner challenged the order of assessment passed under section 147 read […]

NRI ITR Filing in India – Due Date, Benefits and Documents required

December 22, 2022 14085 Views 3 comments Print

Non-resident Indians (NRIs) are taxed in India on their income that is earned or accrued in India. NRIs are also taxed on certain capital gains, such as the sale of property in India. NRIs are not taxed on income earned outside of India, unless it is deemed to be accrued or deemed to have arisen in India.

PEO Services & use of PEO of service?

December 22, 2022 822 Views 0 comment Print

PEOs (Professional Employment Organizations) are often used by companies that want to outsource all of their human resources. While enjoying the perks of collective bargainings, such as compensation, payroll, and other costs associated with PEO human resources, they wish to reduce their risks and exposure.

Common Issues, Solution & Suggestion for improvement of functioning of NFAC

December 22, 2022 3318 Views 0 comment Print

Understand common issues, solutions & suggestions to improve NFAC functioning. Issues with SCN time limit, assessment proceedings & request for personal hearing. Find solution for all challenges!

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