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Ca Anshul Agarwal

Latest Posts by Ca Anshul Agarwal

Surrogacy charges paid to surrogate mothers not liable to TDS u/s 194J & liable to TDS U/s. 194C

April 8, 2021 3492 Views 1 comment Print

We first of all advert to the impugned Section 40(a)(ia) r.w.s.194C and 194J issue of surrogacy payments in case of Shri S.Sesha Sai since the other recipient has never appeared to support the impugned claims till date. The CIT(A)’s identical lower appellate discussion affirming the Assessing Officer’s action disallowing assessee’s summary of payments made to surrogate mothers reads as under:

AAR have no jurisdiction to go beyond issues referred: Kerala High Court

January 27, 2020 1650 Views 0 comment Print

t is the case of the petitioner that as per the business model operated by it in the State of Kerala, it places its diagnostic instruments at the premises of unrelated hospitals, laboratories etc. for their use for a specified period without any consideration –

Circulars cannot prevail over Statute: Madras High Court

January 27, 2020 3009 Views 0 comment Print

Considering the findings of the Apex Court in Commissioner of Central Excise, Bolpur v. Ratan Melting and Wire Industries it is clear that Circulars cannot prevail over the statute. Circulars are issued only to clarify the statutory provision and it cannot alter or prevail over the statutory provision. In such circumstances, it is clear that the explanation of provisions of drawback has nothing to do with the IGST refund.

Section 79 GST Recovery cannot be initiated without determinng tax liability

January 22, 2020 17931 Views 0 comment Print

Madras High Court held in the case of M/s. V.N. Mehta & Company Vs Assistant Commissioner, that Recovery Proceedings under Section 79 cannot be initiated directly without determination of tax liability. Facts: 1. The present writ challenges the proceedings initiated against the petitioner directing recovery of certain amount from the account maintained by the petitioner. […]

CGST Act not empower officials to record statements of family members through Coercion

October 25, 2019 7416 Views 0 comment Print

Section 67(2) of the Act empowers the authorised officer to search and seize the goods, documents or books or things – however, s.67(2) does not empower the officer concerned to record statements of family members through force or coercion or to record their conversations in their mobile phones.

Services of Author – Option to pay under Forward Charge

October 11, 2019 4842 Views 0 comment Print

Notification No.22/2019-C.T (Rate) dated 30.09.2019 With respect to the services of transfer or permitting the use or enjoyment of a copyright relating to original literary works supplied by an author to a publisher, the author is given a choice to either pay the GST under forward charge, else the publisher located in India would be […]

Important FAQs on Real Estate Sector – GST

September 1, 2019 5007 Views 1 comment Print

Question: What are the rates of GST applicable on construction of residential apartments? Answer: With effect from 01-04-2019, effective rate of GST applicable on construction of residential apartments by promoters in areal estate project are, for construction of affordable residential apartments –1% without ITC on total consideration. for construction of residential apartments other than affordable […]

Curtailment of incentives under Package Scheme of Incentives due to introduction of GST

August 18, 2019 3822 Views 0 comment Print

The Respondents are directed to implement the Incentive Scheme as amended up-to-date with a discretion to modify the scheme so as to bring it in line with the new tax structure under the General Sales Tax scheme, but without reducing or restricting the benefits as conferred upon the Petitioner under the Incentive Scheme within a period of eight weeks from the date of receipt of this Judgment.

Amendment in section 135 (Corporate Social Responsibility)

August 3, 2019 2430 Views 0 comment Print

Corporate Social Responsibility Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during [the immediately preceding financial year] shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more […]

GST on Contribution charged by a RWA from its members

August 1, 2019 1614 Views 1 comment Print

Circular No.109/28/2019- GST dated 22nd July, 2019 GST on monthly subscription/contribution charged by a Residential Welfare Association (RWA) from its members:- ♣ Supply of service by RWA (unincorporated body or a nonprofit entity registered under any law) to its own members by way of reimbursement of charges or share of contribution up to an amount […]

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