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No GST on Cold storage Charges for storing of eggs

September 15, 2018 3234 Views 0 comment Print

In re Shubh Laxmi Cold Storage & Ice factory (GST AAR Rajasthan) Whether charges received by the cold storage for providing service of storing of eggs, which is produce of rearing of animals/poultry farming in cold storage is exempted from payment of GST in terms of S.No. 24 of Notification No. 11/2017-CT (Rate) and S.No. 54 […]

GST on EPC contract for set up of solar power generating system

September 15, 2018 5553 Views 0 comment Print

In re Solai Redirect India LLP (GST AAR Rajasthan) Whether EPC contract for set up of solar power generating system be considered as a composite supply with PV modules being the principal supply and be taxed at a rate of 5% (i.e. tax rate applicable on the P.V. modules)? As per the statement of facts submitted […]

Guidelines for Deductions and Deposits of TDS by DDO under GST

September 14, 2018 40629 Views 4 comments Print

Section 51 of the CGST Act 2017 provides for deduction of tax by the Government Agencies (Deductor) or any other person to be notified in this regard, from the payment made or credited to the supplier (Deductee) of taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakh and fifty thousand rupees.

Tenants can be evicted for not Paying Municipal Taxes under West Bengal Tenancy Act

September 14, 2018 9171 Views 1 comment Print

M/s popat & Kotecha property & ORS. Vs Ashim Kumar Dey (Supreme Court of India) Issue- Whether after the amendment of the West Bengal premises Tenancy Act by  Amendment Act No. 14 of 2001 with effect from 10th July, 2001 [which had incorporated sub-section (8) to Section 5] whether a tenant who defaults in payment of his/her share of municipal […]

Deduction U/s. 80IB on Manufacturing at Others Factory or under contract manufacturing

September 14, 2018 1515 Views 0 comment Print

Daman Computers Pvt. Ltd. Vs ITO (Bombay High Court) Neither before the Assessing Officer nor at the appellate stage, Appellants adduced any convincing evidence to hold that it had retained its control over the manufacture of electronic computers at the factory premises of M/s. Kobian ECS India Pvt. Ltd. in Silvassa. In fact, the observations in the findings […]

Toll Plaza does not include Tahbazari & not comes within the purview of Section 206C(1C)

September 14, 2018 627 Views 0 comment Print

Explore the Apar Mukhya Adhikari vs ITO case involving TCS on Tahbazari. Section 206C(1C) scrutiny, tribunal ruling, and key legal insights discussed. Full text included.

Non-Competent Fee & Brand Equity eligible for Depreciation

September 14, 2018 618 Views 0 comment Print

CIT Vs M/s. Radaan Media Works (Madras High Court) Department fairly admitted that the brand equity of a sum of Rs.75 lakhs valued at a sum of Rs.75 lakhs would be an intangible right coming within the purview of ‘business or commercial rights’ of a similar nature. He also brought to our notice the decision of this High Court […]

Depreciation on JCB cannot be disallowed merely for Delay in Registration

September 14, 2018 2055 Views 0 comment Print

Shri.Ram Karan Yadav Vs ITO (ITAT Jaipur) There is no dispute that the assessee has purchased the JCB machine vide Invoice dated 3rd June, 2011 and delivery was taken on 6th June, 2011. However, the registration of JCB with the RTO was done on 29.08.2011. We further note that in the registration charges, the RTO […]

MVAT: No Input Tax Credit on Goods not Resold within 6 Month period

September 14, 2018 8184 Views 0 comment Print

During the course of assessment, the assessing authority has alleged that the petitioner is not eligible to claim any input tax credit as the goods purchased by the petitioner on which input tax credit is claimed are not resold within a period of six months from the date of purchase. Such allegation was raised based on the special provision contained in Rule 53(6)(b) of the MVAT Rules, 2005.

Changes in Custom Law as per second protocol amending India Singapore CECA

September 14, 2018 480 Views 0 comment Print

CBIC seeks to further amend the Notification No. 73/2005 – Customs, dated the 22nd July, 2005 and Notification No. 10/2008- Customs, dated the 15th January, 2008 to bring about necessary changes as per the second protocol amending the India Singapore Comprehensive Economic Cooperation Agreement (CECA). GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification […]

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