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Exercise of revisional jurisdiction u/s 263 for adjustment of FBT in book profit

April 23, 2018 759 Views 0 comment Print

Rashtriya Chemicals & Fertilizers Limited Vs. CIT (ITAT Mumbai) Taxes borne by the assessee on non-monetary perquisites provided to employees forms part of Employee Benefit cost and akin to Fringe Benefit Tax since they are certainly not below the line items since the same are expressively disallowed u/s 40(a)(v) and the same do not constitute […]

Assessee cannot be asked to comply with a provision not in force at relevant time

April 23, 2018 2646 Views 0 comment Print

A party cannot be called upon to perform an impossible Act i.e. to comply with a provision not in force at the relevant time but introduced later by retrospective amendment. S. 40(a)(i) dis allowance can be made only if the royalty falls under Explanation 2 to s. 9(1)(vi) but not if it falls under Explanation 6 to s. 9(1)(vi)

Order No. 57 of 2018: Extension of ad-hoc Appointments of 15 ITOs to ACIT grade

April 23, 2018 1209 Views 0 comment Print

In continuation of order No. 137 of 2016 dated 22.07.2016 , the President is pleased to extend the ad-hoc appointments of the following Income Tax Officers to the grade of Assistant Commissioner of Income Tax for the vacancy year 2014-15 from 22.07.2017 to 21 07 2018

Designation of special court in UP for trial of Company Law offences

April 23, 2018 900 Views 0 comment Print

High Court of Allahabad hereby designates the following Court mentioned in column (1) of the Table below as Special Court for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the said sub-section, namely:-

No TDS on payment for goods manufactured as per specification on principal-to-principal basis

April 23, 2018 2478 Views 0 comment Print

Though manufacturers were obliged to manufacture products as per specifications and standards provided by the assessee however, contractual obligations were entered into on principal-to-principal basis and related agreements were purchase and sale contracts simpliciter, which did not require any deduction of tax under section 194C.

GST on premium collected on behalf of Insurance Companies: AAR dismisses Application

April 23, 2018 1545 Views 0 comment Print

M/s Manipal Academy for Higher Education, University Building, Madhav Nagar, Manipal, Udipi, Karnataka — 576 104, (herein after referred to as MAHE / Applicant) having GSTIN number 29AAETM8695B1Z4, have filed an application, on 04.12.2017, for advance ruling under Section 97 of COST Act,2017, KGST Act, 2017 & 1GST Act,

GST on fees forfeited from students, Notice pay recovery etc.: AAR dismisses Application

April 23, 2018 5079 Views 2 comments Print

i. Whether the amount recovered from post graduate course candidates as compensation on certain contingencies, is liable to GST in the hands of Manipal Academy of Higher Education? ii. Whether the amount recovered from employees as notice pay recovery for not serving agreed notice period is liable for GST? iii. Whether fees forfeited from students on discontinuing the course, before the term, is liable to GST?

GST Payable on Services by way of transfer of a going concern: AAR

April 23, 2018 14892 Views 0 comment Print

In re Rajashri Foods Pvt. Ltd. (AAR Karnataka) The transaction of transfer of business as a whole of one of the units of the Applicant in the nature of a going concern amounts to supply of service. The transaction of transfer of one of the units of the Applicant as a going concern is covered […]

Cleaning services supplied to Railways are not exempt from GST: AAR Delhi

April 23, 2018 7653 Views 0 comment Print

It is held that the cleaning services supplied by the applicant to the Northern Railways are not exempted under S. No. 3 of the Notification No. 09/2017 — Integrated Tax (Rate) dated 28.06.2017, as amended by Notification No. 2/2018 — Integrated Tax (Rate) dated 25.01.2018 and parallel Notifications of CGST and SGST.

Provisions for Disciplinary Proceedings against Insolvency Professionals

April 23, 2018 2235 Views 0 comment Print

The Insolvency and Bankruptcy Code, 2016 (Code) envisages that an insolvency professional may be appointed as interim resolution professional, resolution professional, liquidator, or a bankruptcy trustee if no disciplinary proceeding is pending against him. Some of these provisions are extracted at Annexure A.

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