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Handbook on Personal Guarantors to Corporate Debtors under IBC, 2016

July 11, 2021 2742 Views 0 comment Print

ICAI Handbook on Personal Guarantors to Corporate Debtors under The Insolvency and Bankruptcy Code, 2016 The Insolvency and Bankruptcy Code, 2016 was implemented with the provisions relating to insolvency and liquidation of corporate persons coming into force in December 2016. Implementation of individual insolvency and bankruptcy was intended to be notified in a phased manner […]

HC upheld levy of interest under GST on belated cash remittance

July 9, 2021 10119 Views 1 comment Print

The provisions of Section 42 can only be invoked in a situation where the mismatch is on account of the error in the database of the revenue or a mistake that has been occasioned at the end of the revenue. In a case where the claim of ITC by an assessee is erroneous, as in this case, then the question of Section 42 does not arise at all, since it is not the case of mismatch, one of wrongful claim of ITC. As far as the levy of interest on belated cash remittance is concerned, it is compensatory and mandatory and the levy is upheld to this extent.

No Section 234E Late Fee for TDS return defaults prior to 1st June 2015

July 9, 2021 13467 Views 0 comment Print

Raj Veer Singh Vs ACIT (ITAT Delhi) We are of the considered view that no doubt provisions contained u/s 234E under which late fee has been levied for defaults of period in filing the TDS/TCS statements/returns but coordinate Benches of the Tribunal have followed one approach, though there are conflicting decisions of different High Courts […]

GST on landscaping & gardening work provided to government departments

July 9, 2021 4719 Views 0 comment Print

In re Narayanappa Ramesh (GST AAR Karnataka) Whether the landscaping and gardening work provided to government departments like Nagarasabha Karyalaya Chintamani, Nagarasabha Karyalaya Bhadravathi, Tumakuru Mahanagara Palike, Nagarasabha Raichur, Purasabha Karyalaya Devanahalli, Mahanagara Palike Shivamogga etc., attract GST?. The landscaping and gardening work provided to Nagarasabha Karyalaya Chintamani, Nagarasabha Karyalaya Bhadravathi, Tumakuru Mahanagara Palike, Nagarasabha Raichur, […]

GST on development & construction of sports complex for AUDA

July 9, 2021 2439 Views 0 comment Print

In re Tirupati Construction (GST AAR Gujarat) Whether the activity of composite supply of work contract service by way of development and construction of sports complex at Maninagar, Ahmedabad for the Ahmedabad Urban Development Authority, and as detailed in the tender document merit classification at Sr. No. 3(vi)(a) of Notification No. 11/2017-CT (Rate) dated 28.06.2017 […]

GST on transportation service for temporary period till extension of railway siding to mine location

July 9, 2021 1974 Views 0 comment Print

In re Pachhwara Coal Mining Private Limited (GST AAR Jharkhand) Question – Whether the provision of such transportation service for the temporary period till extension of the railway siding to the mine location is an independent activity, and exempted from the payment of GST under SI. No. 18 of Notification No. 12/2017-CT(R) dated 28 June 2017? […]

Cost of Land Conversion from Leasehold to Freehold allowable as Improvement Cost

July 9, 2021 13854 Views 0 comment Print

Sujit Majumdar Vs ITO (ITAT Allahabad) The issue before us is within narrow compass and concerns itself with the allowability of deduction u/s 48 towards cost of improvement with respect to amount paid by the assessee towards his share towards conversion of aforesaid property from leasehold to freehold. We have also carefully gone through the […]

When no service has been rendered, service tax cannot be levied

July 9, 2021 3648 Views 0 comment Print

Ruchi Soya Industries Ltd Vs Commissioner of Customs (CESTAT Delhi) Amount received by the appellant in terms of Machine Availability clause, from the service provider with reference to maintenance of WTG due to shortcoming in said service is merely an amount to safeguard the loss of appellant. The said amount cannot be called as consideration […]

Section 10(46) exemption to Haryana Building and Other Construction Workers Welfare Board

July 9, 2021 1425 Views 0 comment Print

Vide Notification No. 78/2021-Income Tax | Dated: 9th July , 2021 CBDT notifies Tax Exemption to ‘Haryana Building and Other Construction Workers Welfare Board’ (PAN AAATH6995H), a Board constituted by the State Government of Haryana, in respect of the specified income under section 10(46) of Income Tax Act, 1961. MINISTRY OF FINANCE (Department of Revenue) […]

Chartered Accountants (Amendment) Regulations, 2021

July 8, 2021 13575 Views 0 comment Print

ICAI notifies Revised FORM 18; Allows Partnership with CA, CS, CMA etc. ICAI vide Notification No. 1-CA(7)/197/2021 dated 8th July, 2021 notifies revised format of FORM 18 which is a form to Intimate PARTICULARS OF OFFICES AND FIRMS and Changes in the same. Revised form 18 is applicable from 8th July 2021. Regulation by which […]

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