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No Profiteering if increase in price was to compensate denial of ITC

September 27, 2018 909 Views 0 comment Print

Sh. Jijrushu N. Bhattacharya Vs. M/s NP Foods (National Anti -Profiteering Authority) It is apparent from the record that the GST on restaurant service has been reduced by the Central Government vide Notification No. 46/2017-Central Tax (Rate) dated 14.11.2017 from 18% to 5% and ITC has been disallowed. It is also revealed that the Applicant […]

Implementation of Tax Deduction at Source (TDS) under GST- Reg.

September 26, 2018 4326 Views 0 comment Print

Circular No. 65/39/2018-DOR, dated 14.09.2018 lays down guidelines for deductions and deposits of TDS by the DDO under GST. Detailed forms have already been prescribed vide FORM GST REG- 07, FORM GSTR- 7.

GST on Residential programmes or camps meant for advancement of religion, spirituality or yoga by trusts

September 26, 2018 5169 Views 0 comment Print

Circular No. 66/40/2018-GST F. No. 354/314/2017-TRU Government of India Ministry of Finance Department of Revenue Tax research Unit **** Room No. 156, North Block, New Delhi, 26th September 2018 To, The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) / The Principal Director Generals/ Director Generals (All) Madam/Sir, Subject: GST on […]

Reassessment on mere audit objections without any tangible material is invalid

September 26, 2018 1647 Views 0 comment Print

Siddhi Vinayak Aeromatics (P) Ltd. Vs ACIT (ITAT Delhi) In this case Assessee had filed complete details as required during assessment proceedings and after complete verification of the details assessment was framed by AO under section 153/143(3) of Income Tax Act, 1961. AO had not produced any tangible material that there was failure on the […]

ITAT cannot enhance assessment in appeal under IT Act, 1961

September 26, 2018 4077 Views 0 comment Print

Sanmar Speciality Chemicals Ltd. Vs ITO (Madras High Court) Tribunal has no power under the Income Tax Act to enhance the assessment in an appeal. Equally, it cannot be done on an order of remand being passed by the Tribunal to the Assessing Officer. Therefore, we opine that it is sufficient to clarify the legal position as held by the Honble Supreme Court […]

Mere Confirmation Letter not sufficient to prove Cash Credits Genuineness

September 26, 2018 2943 Views 0 comment Print

M/s. Janatha Trading Corporation Vs DCIT (ITAT Cochin) The contention of the AR is that the assessee has produced the confirmations from the partners and that being found insufficient by the AO, the AO ought to have called for more details. In other words, it was the contention of the Ld. AR that on production of […]

Absorbing developmental charges in fixing land cost is lawful: GST AAR Kerala

September 26, 2018 3252 Views 0 comment Print

i) Is it correct to structure agreement by fixing the land cost by absorbing the development charges? ii) Whether the ITC availed has to be paid back on pro rata basis, on plots sold after completion?

Supply of works contracts awarded by Govt attracts 12% GST: AAR

September 26, 2018 27072 Views 2 comments Print

i) Supply of works contracts awarded by Government attracts 12% GST. ii) Supply of works contracts awarded by the Central University of Kerala attracts 12% GST. and iii) Supply of work awarded by M/s. HLL Infra Tech Services Ltd. for the construction of Biotech lab and administrative block at Life Science Park, Trivandrum attracts 18% GST.

Reassessment for non-disclosure of bank a/c which was disclosed during Original Assessment is Invalid

September 26, 2018 717 Views 0 comment Print

Akshar Developers Vs ACIT (Bombay High Court) It is alleged in the reasons that the petitioner had failed to disclose the aforesaid bank account during the assessment proceedings. The petitioner had filed its objections by letter dated 23rd May, 2017 to the reasons inter-alia pointing out that during the course of assessment proceeding, the petitioner […]

Notification No. 70/2018–Customs Dated: 26.09.2018

September 26, 2018 1518 Views 0 comment Print

Government of India Ministry of Finance (Department of Revenue) New Delhi Notification No. 70/2018- Customs Dated: 26th September, 2018 G.S.R. 930(E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, hereby makes the following amendment in the notification of the Government of India in […]

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