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No addition for Share Premium for mere non-production of directors of investor companies

May 29, 2020 633 Views 0 comment Print

Satyam Smertex pvt. Ltd. DCIT (ITAT Kolkata) In this case on hand, the assessee had discharged its onus to prove the identity, creditworthiness and genuineness of the share applicants, thereafter the onus shifted to AO to disprove the documents furnished by assessee and the documents produced by the assessee cannot be brushed aside by the […]

Meaning of Undertaking | Section 180 | Company Act 2013

May 27, 2020 30189 Views 2 comments Print

Meaning of the ‘Undertaking’ (comment – which is not defined under the Act 2013)- For the purpose of interpreting the term ‘undertaking’, we shall look into the following case laws under the erstwhile section 293(1)(a) of the Companies Act 1956 [Section 180(1)(a) of the Companies Act 2013]:

CBI Registers Case for causing alleged Loss of ₹ 100 crore to SBI

May 27, 2020 864 Views 0 comment Print

The Central Bureau of Investigation has registered a case on a complaint received from State Bank of India against a private rice company based at Karnal (Haryana) & its three Directors and unknown others including unknown public servants.

TDS deduction in case of Rent Paid to Co-Owners

May 26, 2020 12948 Views 0 comment Print

M.P. Warehousing & Logistics Corporation Vs ACIT (ITAT Indore) From perusal of the above details which stands un-rebutted, we find that the assessee had duly deducted the tax at source on the rent paid to the co-owners where the amount of rent exceeded the limit of Rs.1,80,000/- and in two cases where the amount was […]

SEBI guideline for Identifying & selecting a location as delivery centre for Commodity Derivatives

May 26, 2020 507 Views 0 comment Print

In the absence of a well-defined laid down criteria for identification and selection of a location as a delivery centre, it is observed that each stock exchange has adopted different criteria for different commodities as per their internal policy decision.

MVAT: Guidelines for condonation of appeal, acceptance of form 314 & rectification of assessment order

May 25, 2020 19488 Views 0 comment Print

Guidelines for delay condonation in appeal, acceptance of form 314 and rectification of assessment order by the nodal officer under the MVAT Act 2002 vide Trade Circular No. 08 T of 2020 dated 25/05/2020. Office of the Commissioner of State Tax, 1st floor, GST Bhavan, Mazgaon, Mumbai – 400 010. TRADE CIRCULAR No. VAT/AMD-2020/1A/Adm-8 Trade […]

GST NAA finds Philips India guilty of profiteering on Food Processor

May 19, 2020 873 Views 0 comment Print

Kerala State Level Screening Committee on Anti-Profiteering Vs Phillips India Ltd. (NAA) The brief facts of the case are that the Applicant No. 1 vide the minutes of its meeting held on 08.05.2018 had referred the present case to the Standing Committee on Anti-profiteering, alleging profiteering by the Respondent on the supply of “Food Processor” […]

GST on laying of Optical Fiber Cable for connecting Gram Panchayats

May 19, 2020 8445 Views 0 comment Print

Applicant is involved in the laying of trenches and laying optical fiber cables (goods) through which they are providing/supplying internet connectivity to the gram panchayats. However, it cannot be construed that the optical fiber cables laid underground are meant predominantly for use other than for commerce, industry, or any other business or profession as stated by the applicant.

No GST exemption on transport of goods from mother to daughter vessel

May 19, 2020 4269 Views 0 comment Print

In re Shreeji Shipping (GST AAR Gujarat) Whether the service of transportation of goods from Magdalla Port, Surat to its General Lighterage Area of Magdalla Port (From where the Mother Vessel are anchored) or vice versa, is covered under exemption contained at Sr. No. 18 of Notification No. 12/2017-Central Tax (Rate)? Whether the service of […]

GST applicable on sale of developed plots with amenities

May 19, 2020 7440 Views 0 comment Print

We find that the activity of the sale of developed plots would be covered under the clause ‘construction of a complex intended for sale to a buyer’. Thus, the said activity is covered under ‘construction services’ and GST is payable on the sale of developed plots in terms of CGST Act / Rules and relevant Notification issued time to time.

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