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Builder guilty of profiteering as not passed additional ITC benefit to buyers

November 27, 2019 741 Views 1 comment Print

Sh. Rohit Singh Vs Friends Land Developers (National Anti-Profiteering Authority) During the pre-GST period the Respondent has availed CENVAT credit on the Service Tax during the pre-GST period from April. 2016 to June. 2017 amounting to Rs 52,11,867/-, collected an amount of Rs. 12,31,99.617/- from his customers as turnover, has sold an area of 1,35,655 […]

No Service Tax on Commission paid to director, considered as salary by I-T department

November 26, 2019 1167 Views 0 comment Print

Vectus Industries Ltd. Vs Commissioner of Service Tax (CESTAT Allahabad) If the entire remuneration stands considered by Income Tax Authorities as salary, the same cannot be considered as service, so as pay the service tax. The Income Tax Authorities are the prime authority to adjudge the said issue. If according to the learned Advocate the […]

CBIC notifies transition plan for J&K reorganization w.e.f. 31.10.2019

November 26, 2019 1704 Views 0 comment Print

CBIC notifies transition plan with respect to J&K reorganization w.e.f. 31.10.2019 Notification No. 62/2019 – Central Tax dated 26th November, 2019. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 62/2019 – Central Tax New Delhi, the 26th November, 2019 G.S.R. 879(E). – In exercise of […]

Due date of filing Monthly GSTR-1 for J&K Taxpayers (July 19 to Sep 19)

November 26, 2019 735 Views 0 comment Print

CBIC extends the due date for furnishing of return in FORM GSTR-1 for registered persons in Jammu and Kashmir having aggregate turnover more than 1.5 crore rupees for the months of July, 2019 to September, 2019 vide Notification No. 57/2019 – Central Tax dated 26th November, 2019. Government of India Ministry of Finance (Department of […]

Ex-gratia charges for making good damages under a contract for unintended event not liable to service tax

November 26, 2019 2175 Views 0 comment Print

Observing that the ex- gratia charges made by principal to assessee- appellant were towards making good losses or injuries arising from unintended events and did not emanate from any obligation on part of any of the parties to tolerate an act or a situation, CESTAT Allahabad has held that the payment cannot be considered to be for some services.

Govt initiates process to convert GSTN into 100% Govt-owned entity

November 25, 2019 651 Views 0 comment Print

The GST Council in its 27th meeting held on 4th May, 2018 resolved that GSTN will be converted into a 100% Government-owned entity by transferring 51% equity shares held by the Non-Government Institutions to the Centre and States equally.

Taxation Laws (Amendment) Bill, 2019 Introduced in Lok Sabha

November 25, 2019 4125 Views 0 comment Print

Clause 4 of Taxation Laws (Amendment) Bill, 2019 seeks to insert new sections 115BAA and 115BAB in the Income tax Act relating to tax on income of certain domestic companies and tax on income of new manufacturing domestic companies.

Permit petitioner to file or revise already filed incorrect TRAN-1: HC

November 25, 2019 975 Views 0 comment Print

Silicon Constructions Pvt. Ltd. Vs Union of India and others (Punjab and Haryana HC) The prayer made in the writ petition is inter alia seeking directions to the respondents to credit the ‘Input Tax Credit’, being the transitional credit, prescribed under Section 140 of the Central Goods and Service Tax Act, 2017, in the account […]

Section 194IA TDS not applies merely because seller and Khasra number was same for multiple transactions

November 25, 2019 4074 Views 0 comment Print

Assessee in instant case had purchased three properties on three different dates. This indicated that assessee had purchased the land on piece meal basis. Since value mentioned in each sale deed was less than Rs. 50 lakhs, therefore, section 194-IA would not be applicable to assessee merely because the seller and Khasra number of the three properties was same.

Expense on Gifts bearing logo and name of assessee to doctors by pharma company allowable 

November 25, 2019 924 Views 0 comment Print

Prohibition imposed by Indian Medical Council against acceptance of gift was on medical practitioner/doctor, and not on pharmaceutical companies, therefore, where assessee incurred expenditure towards gifts, which were bearing logo and name of the assessee, the expenditure were only for sales promotion, therefore, disallowance made by AO in respect of the expenditure was unjustified.

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