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No Service Tax on Sale of Books and Materials to Franchise

February 12, 2018 4881 Views 0 comment Print

Notification No. 12/2003 provides for exemption of Service Tax for so much of the value of all taxable services, as it is equal to the value of goods and materials sold by the service provider to the recipient of service from the Service Tax leviable therein under Section 66 of the Act, subject to the condition that there is documentary proof specifically indicating the value of said goods and materials.

No Service tax exemption on Commercial property rented by Municipal Corporation

February 12, 2018 3447 Views 0 comment Print

Though the Municipal Corporation are created by an Act and are performing as a local Government, there is no bar in taxing their activities if the immovable property rented out by them is used in the course for furtherance of business or commerce.

No Service Tax liability on facility of selling CNG through Outlets of IGL by HP

February 12, 2018 966 Views 0 comment Print

A division bench of New Delhi CESTAT including Justice (Dr.) Satish Chandra, President and B. Ravichandran, Member (Technical) has said that amount received by Hindustan Petroleum Co. for giving facility of selling CNG through their Outlets is not subject to Service Tax.

No seizure of Jewellery If gross weight disclosed in regular return exceeds jewellery found during search

February 12, 2018 3534 Views 0 comment Print

Mrs. Nawaz Singhania Vs. DCIT (ITAT Mumbai) Instruction 1916 issued by the Board with regard to seizure of jewellery has inherent foundation of undisclosed portion of jewellery that may be identified in the search. The Instruction No. 1916, therefore is describing the criteria for decision making for jewellery to be undisclosed. Accordingly, any portion of […]

In case of jointly owned property interest is allowable to the extent of share in property

February 12, 2018 3558 Views 0 comment Print

Mrs. Shardaben Bhavani Vs. ITO (ITAT Mumbai) Dis allowance of the claim of interest on housing loan of Rs. 1,50,000/- raised by the assessee u/s 24(b) in her return of income, but disallowed by the A.O and thereafter sustained by the CIT(A). We are of the considered view that as observed by us herein above, […]

Telangana notifies way bill with effect from 10-02-2018

February 10, 2018 1230 Views 0 comment Print

TGST Act, 2017- The Telangana Goods and Services Tax Act, 2017 (Act No. 23 of 2017)- Way bill notification- Effective date- Notification- Orders- Issued.

GST Glitches and a SWOT study on GST

February 10, 2018 7863 Views 1 comment Print

In this Article, we have attempted to perform a SWOT study on GST and study glitches in the GST which according to us, the Government should fix if GST is to be taught as a success in future economics books.

E-way bill not required in Nagaland till 31.05.2018 for Intra-State movement of goods

February 9, 2018 3273 Views 0 comment Print

No e-way bill under rule 138 shall be required to be generated on intra-state movement of goods within the State of Nagaland till the 31st day of May, 2018.

Cenvat Credit available on service directly related to manufacturing activity

February 9, 2018 1617 Views 0 comment Print

Air Travel Service : – The said service has been used by the Directors/employees of the appellant for business promotion i.e. for sale and purchase of their goods. Therefore, the said service is directly related to their manufacturing activity. In that circumstances, in terms of Rule 2(l) of Cenvat Credit Rules, 2004 on Air Travel Service, the appellant is availed Cenvat credit.

ITAT explains when Share premium can be assessed as undisclosed income

February 9, 2018 5271 Views 0 comment Print

Share premium received can be assessed as undisclosed income if (a) directors are allotted shares at par while others are allotted at premium, (b) the high premium is not justified by a valuation report, (c) the high premium is not supported by the financials, (d) based on financials the value of shares is less and no genuine investor would invest at the premium, (e) there are discrepancies & abnormal features which show transaction as “made up” to camouflage real purpose

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