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Builder to pay tax based on completion stage if significant risk and reward are transferred to buyer

April 4, 2018 3075 Views 0 comment Print

In the case of M/s. A.N. Build well Pvt. Ltd Vs. DCIT, the ITAT Delhi bench comprising Amit Shukla (JM) and SH. O.P. Kant (AM) was held that if the significant risk and reward are transferred to the buyer, the amount received from the buyer to the extent of the stage of completion of the project has accrued to the Assessee- Builder and it should be subject to tax in terms of section 5 of the Income Tax Act.

CESTAT is not proper Appellate Forum for Dispute of Rebate Claim

April 4, 2018 2073 Views 0 comment Print

That the present writ petition may kindly be allowed and the impugned order dated 1010.2017 (Annex.13) passed by the Respondent No.4, impugned Order-in-Original dated 31.3.2005 (Annex.9) and impugned order – in – Appeal dated. 12.8.2015 (Annex.10) may kindly be quashed and set aside

No TDS on interest on compensation under Motor Vehicles Act, 1988

April 4, 2018 16293 Views 1 comment Print

Impugned in the present revision petitions are the different orders passed by Motor Accident Claims Tribunal, Bathinda, whereby the J.D.-Insurance Company was directed to deposit within 15 days the TDS amount, which has been deducted at source. The J.D. was given liberty to withdraw the TDS amount from Income Tax Department.

SC on Cenvat Credit on GTA service availed for transport of goods from place of removal to buyer’s premises

April 4, 2018 4464 Views 1 comment Print

The core issue involved in the present case is with regard to the admissibility or otherwise of the Cenvat Credit on Goods Transport Agency service availed for transport of goods from the place of removal to buyer’s premises.

Delay of 1964 days cannot be condoned for mere Ignorance of Law

April 4, 2018 2484 Views 0 comment Print

t is trite that ignorance of the law is not an excuse and lack of understanding would also be akin to ignorance; which cannot validly be taken up. The delay is also huge coming to 1964 days.

How to Generate Bulk E-Way Bill

April 4, 2018 53967 Views 13 comments Print

Introduction of Goods and Services Tax (GST) across India with effect from 1st of July 2017 is a very significant step in the field of indirect tax reforms in India. For quick and easy movement of goods across India without any hindrance, all the check posts across the country are abolished.

Ensure Representation before NCLT benches: CBDT to Pr. CCITs

April 4, 2018 3936 Views 0 comment Print

For a PCCIT region where the NCLT bench is not situated in the region, the concerned PCCIT was directed to ensure representation by coordinating with the PCCIT in whose jurisdiction the NCLT bench is located. This assumes importance in view of the fact that in case of many NCLT benches, a single bench covers the territorial jurisdiction of more than one Pr.CCIT region.

Non-levy of additional duty of customs to jute importers from Nepal

April 4, 2018 798 Views 0 comment Print

Central Government on being satisfied that there was a general practice of non-levy of additional duty of customs leviable under sub-section (1) of section 3 of the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as additional duty), on the Jute products

Goods detained under GST Act to be released immediately on compliance with GST rules

April 3, 2018 1830 Views 0 comment Print

If the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to them forthwith.

Mere Affixation of Brand on Tools by Embossing/Engraving not Amounts to Manufacture

April 3, 2018 1050 Views 0 comment Print

Arihant Udyog Vs Arihant Udyog (CESTAT Mumbai) As per the activity the appellant is only carrying out affixation of brand on the tools i.e. spanner by embossing/ engraving. This process alone does not amount to manufacture. As regards other processes which are carried out by the job workers, it prima facie appears that the independent […]

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