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NO ITC on project development services for immovable property construction

March 11, 2020 4986 Views 0 comment Print

The Input Tax Credit shall be NOT be available under the CGST Act, 2017, on the project development services like Programme management consultancy, Marketing Consultancy, Land levelling and other related works, Roads, Water, Electricity, & Drainage Infrastructure and other related works for development of SIPC i.e. construction of an immovable property

IF VAT Rate reduced by Govt, Similar reduction should also be in Entry Tax Rate: HC

March 11, 2020 798 Views 0 comment Print

Jindal Stainless Hisar Ltd Vs State of Gujarat  (Gujarat High Court) It is the case of the petitioners that while the State Government reduced the applicable rate of tax under the VAT Act on stainless steel flats and sheets to 1% it did not correspondingly reduce the rate of entry tax applicable to the same goods […]

AAR liable for rejection as issue is pending before Hon’ble SC

March 10, 2020 1680 Views 0 comment Print

In re Vikram Traders (GST AAR Karnataka) It is pertinent to mention here that the Department has filed an appeal under SLP No.26696/2019 before the Hon’ble Supreme Court of India, against the order of the Hon’ble High Court of Orissa supra. Thus the issue is pending before the Hon’ble Supreme Court and therefore the said […]

Reversal/ Recovery of ITC due to time limit U/s. 16(4) – A Possible View in Departments Favour

March 8, 2020 118377 Views 14 comments Print

Reversal/ Recovery of Input Tax Credit (ITC) Due To Time Limit Under Section 16 (4) of CGST Act, 2017 – A Possible View In Favour of The Department  –Dr. Ashok Saraf, Senior Advocate Recently advisories have been issued to the various registered dealers for the inadmissibility/ reversal of input tax credit on the strength of […]

E-Assessment without human interaction may lead to erroneous assessment

March 7, 2020 1818 Views 0 comment Print

Salem Sree Ramavilas Chit Company Vs DCIT (Madras High Court) .The Government of India has introduced E-Governance for conduct of assessment proceedings electronically. It is a laudable steps taken by the Income Tax Department to pave way for an objective assessment without human interaction. At the same time, such proceedings can lead to erroneous assessment […]

No addition If ALP principle is satisfied qua relevant transaction

March 7, 2020 1101 Views 0 comment Print

Celltick Technologies Ltd Vs DCIT (ITAT Mumbai) If the arms length principle is satisfied qua the relevant transaction between the assessee and its Indian subsidiary, no further profits can be attributed to the assessee in India even if it was to be held that the latter had a PE in India e find that the […]

Anti-dumping duty on Chlorinated Polyvinyl Chloride Resin import

March 7, 2020 7989 Views 0 comment Print

Seeks to impose anti-dumping duty on imports of ‘Chlorinated Polyvinyl Chloride (CPVC) Resin- whether or not further processed into compound’ originating in or exported from China PR and Korea RP GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 05/2020-Customs (ADD) New Delhi, the 7th March, 2020 G.S.R. 164(E).– Whereas, in the matter […]

SC lifts Ban Imposed by RBI on Cryptocurrency (Read Judgment)

March 7, 2020 2343 Views 0 comment Print

Internet And Mobile Association of India Vs RBI (Supreme Court of India) We cannot lose sight of three important aspects namely, (i) that RBI has not so far found, in the past 5 years or more, the activities of VC exchanges to have actually impacted adversely, the way the entities regulated by RBI function (ii) […]

GST TDS Notifications not applies to exempt supply

March 6, 2020 1113 Views 0 comment Print

In re Dipak Kanti Mazumder Dynamic Engineers (GST AAR West Bengal) The TDS Notifications bring into force section 51 of the GST Act, specifying the persons under section 51(1)(d) of the Act and have mandated and laid down the mechanism for deduction of TDS. These notifications, therefore, are applicable only if TDS is deductible on […]

Committee to prepare Investigation manual for SFIO

March 6, 2020 1116 Views 0 comment Print

F. No. Legal-35/3/2020 Government of India Ministry of Corporate Affairs 5th Floor, Shastri Bhavan, Dr. Rajendra Prasad Road, New Delhi-110001, Date: 06.03.2020 OFFICE ORDER Subject: Constitution of High Level Committee for preparation of Investigation manual for Serious Fraud Investigation Office (SFIO) With the approval of Competent Authority, a Committee with following composition is hereby constituted […]

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