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Modelling dough falls under Custom Tariff Heading 3407: GST AAR Maharashtra

May 23, 2018 3531 Views 0 comment Print

In re M/s. A.W. Faber-Castell (India) Pvt. Ltd (GST AAR Maharashtra) Question: What is the appropriate classification and rate of CGST on the supply of the product in question- Modelling Dough. Answer : Modelling dough will be covered under CTH 3407 under the Customs Tariff Act, 1975. FULL TEXT OF  ORDER OF AUTHORITY FOR ADVANCE […]

No GST Exemption on warehouse services used for packing & storage of Tea; AAR

May 23, 2018 10185 Views 0 comment Print

The present application has been filed under section 97 of the Central Goods and Services Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “CGST Act and MGST Act”] by NUTAN WAREHOUSING COMPANY PRIVATE LIMITED, the applicant, seeking an advance ruling in respect of the following issues.

No addition for Gift from daughter if Assessee proves identity, genuineness & creditworthiness

May 23, 2018 1503 Views 0 comment Print

Briefly the facts of the case are, assessee who derives income from house property and income from other sources, filed her return of income for the AY 2010-11 on 27/07/2010 declaring an income of Rs. 17,75,810/-. Subsequently, the case was selected for scrutiny under CASS and accordingly notice u/s 143(2) dated 25/08/2011 was issued and served on the assessee on 06/09/2011. In response to the said notice, the assessee furnished the information called for.

Valuation of Perquisites of Salaried Taxpayer

May 23, 2018 13476 Views 0 comment Print

It is felt that in many cases, neither the employers nor their employees are aware about the includability of the value of various perquisites in the total income of the employees. In some cases, employers and employees are not aware as to how to correctly value the perquisites. Efforts have been made to address all […]

HC admits Petition challenging GST on processed Tea loading packing warehousing etc.

May 23, 2018 1527 Views 0 comment Print

Guwahati Tea Warehousing Association has filed a Petition in Gauhati High Court against imposition of Goods and Services Tax (GST) on loading, packing, warehousing, etc of processed tea. Case was admitted for hearing on 23.05.2018.

Advance Ruling under Goods & Services Tax (GST)- Provisions

May 22, 2018 1632 Views 0 comment Print

As per CGST Act 2017 advance ruling means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant;

Issue of Share at Premium- Limited Scrutiny- Jurisdiction of AO

May 22, 2018 2103 Views 0 comment Print

Sunrise Academy of Medical Specialities (India) Private Limited Vs ITO (Kerala High Court) The learned counsel for the petitioner submitted that the case of the petitioner was one taken for a limited scrutiny on the issue as to whether the funds received in the form of share premium by the petitioner are from disclosed sources […]

Extended time to Task Force for drafting New Direct Tax Legislation

May 22, 2018 708 Views 0 comment Print

The term of the Task Force for drafting New Direct Tax Legislation is extended by three months beyond the initial term of six months, i.e., the Task Force shall now be required to submit its report to the Government by 22ndAugust, 2018.

No penalty if penalty notice didn’t specify concealment or furnishing of inaccurate particulars

May 22, 2018 4026 Views 0 comment Print

Show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. In these circumstances, we are of the view that imposition of penalty cannot be sustained.

Appeal filed manually by legal heir cannot be dismissed if website does not allow online filing

May 22, 2018 9951 Views 3 comments Print

The CIT(A) is directed to first address the claim of the assessee namely that the online platform itself was not permitting the assessee to register as a legal heir in order to e-file the appeal, thus the assessee cannot be penalized for non compliances which are a result of limitations of the platform provided.

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