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No input tax credit for supply of goods / services at Zero Value

September 27, 2018 10521 Views 2 comments Print

Understand the implications of zero value invoices in GST input tax credit claims. Get insights from the case of Assistant Commissioner, CGST & CX, Tollygunge Division, Kolkata South Commissionerate (GST AAAR West Bengal).

MEIS benefit for certain items enhanced to 20%, from current 10%

September 27, 2018 1293 Views 0 comment Print

The MEIS benefit for certain items have been enhanced to 20%, from the current 10%, for exports made from the date of publication of this Public Notice to 12.01.2019 vide Public Notice 41/2015-2020 Dated 27th September, 2018

Value Limit on Export through Courier Service/ Post

September 27, 2018 4647 Views 0 comment Print

Exports through a registered courier service /Foreign Post Office is permitted as per Notification issued by DoR. However, exportability of such items shall be regulated in accordance with FTP/ Export Policy in ITC (HS), 2018. The value limit for exports through courier service shall be Rs 5,00,000 per consignment. Government of India Ministry of Commerce […]

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

September 27, 2018 1158 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 5082 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 6039 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 1863 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 4971 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 3402 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 3567 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?

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