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GST registration not needed for Charitable Activity of preservation of environment

September 11, 2019 1188 Views 0 comment Print

In re All India Disaster Mitigation Institute (GST AAR Gujarat) Whether the applicant is liable for registration if he is doing activity relating to disaster prevention, disaster mitigation and disaster management. Activities of the applicant relating to disaster prevention, disaster mitigation and disaster management are activities relating to “preservation of environment”. Thus, the activities of […]

ITC on construct of ‘bunds’ admissible if used for making zero rated supplies & if satisfy P&M condition

September 11, 2019 2202 Views 0 comment Print

Input tax credit of GST paid on goods and services used to construct the ‘bunds’ is admissible to M/s. Satyesh Brinechem Private Limited, provided that the bunds are used for making zero rated supplies and fulfill the conditions which are necessary for treating the bunds as ‘plant and machinery’.

Views/Suggestions invited on draft CS Executive Entrance Test (CSEET) Syllabus

September 10, 2019 861 Views 0 comment Print

Enhancement of the quality of the future members, is the prime objective of the Vision New ICSI 2022. The proposed Company Secretaries (Amendment) Regulations, 2019 requires introduction of CS Executive Entrance Test (CSEET) in place of the Foundation Course.

TDS not deductible on Software Purchased with mere ‘right to use’ 

September 9, 2019 30285 Views 0 comment Print

Assessee had only purchased software internally developed by non-resident and non-resident had not passed the copyright and only ‘right to use’ had been given to assessee and as such ‘right to use’ was akin to purchase of copyrighted article and in the absence of purchase of any copyright in the article, the assessee could not be held liable to deduct tax at source out of such payments.

Order passed by ARA is void ab-initio if obtained by fraud/suppression/misrepresentation

September 9, 2019 2823 Views 0 comment Print

In re Asstt. Commr. of SGST (D-819) Vs. Arihant Enterprises (GST AAAR Maharashtra) Sec. 98(2) provides that the application shall not be admitted where the question raised is already pending under any of the provisions of this act. The term ‘any of the provisions of this act’ includes investigations proceeding under section 67. It is […]

Capital Gain tax liable on property sold by bank to recover loan given to group concerns

September 6, 2019 20802 Views 0 comment Print

The issue under consideration is whether Capital Gains will be applicable in case where Bank sold the property of group concern as it failed to repay the loan?

Demand of Service Tax on Ocean Freight under RCM notification is Ultra Vires

September 6, 2019 24222 Views 0 comment Print

A perusal of Section 94 shows that there is no power conferred upon the Central Government to make any Rules or Notifications for extraterritorial events; or in other words, for services rendered and consumed beyond the “taxable territory” i.e. beyond India. Obviously, the Act itself is not applicable to the territories other than India and therefore the Executives cannot have any power to make Rules for territories beyond India.

Catalyst consumed in final product cannot be extended exemption available to goods for setting up, running, repair or maintenance of plant

September 6, 2019 648 Views 0 comment Print

Nayara Energy Ltd. Vs C.C. Kandla (CESTAT Ahmedabad) CESTAT Ahmedabad has had held that the catalyst ‘Petromax- MD’, consumed in the final product and not required for setting up of the plant or required for running, repair and maintenance of the plant, was not eligible for the benefit of exemption which provided that the goods […]

Payment to legal heirs of deceased partners towards Goodwill is allowable as deduction

September 6, 2019 1656 Views 0 comment Print

Wadia Ghandy & Co. Vs ACIT (ITAT Mumbai) The assessee is a Solicitor Firm and was initially constituted by three partners who were eminent Lawyers. He submitted, all the three partners had created huge goodwill which was definitely exploited by the firm. He submitted, for use of goodwill, the firm was required to pay 5% […]

18% GST payable on parking services provided by Contractor of Market Committee

September 6, 2019 28404 Views 1 comment Print

Whether the parking lot services provided by the Contractor appointed by the Market Committee, which is a Government Authority is exempt under Notification No.12/2017 as the parking lot activity is covered under Article 243 of the Constitution.

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