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TDS Rate on payment to non resident not having PAN

September 10, 2020 29010 Views 0 comment Print

DCIT Vs. Edgeverse Systems Ltd. (ITAT Bangalore) The question before the special bench was whether the provisions of section 206AA had overriding effect for all other provisions of the Act, whether the assesse has to deduct tax at source at the rates prescribed in section 206AA in case the payees are unable to furnish their […]

Section 50C:  Increase to 10% in variation between stamp duty value & consideration is retrospective

September 9, 2020 25554 Views 0 comment Print

Sri Sandeep Patil Vs. ITO (ITAT Banglore) ITAT held that difference between the value adopted by stamp valuation authority and actual consideration is to be ignored if the same is less than 10%. We also notice that the Parliament has introduced third proviso in section 50C(1) of the Act, as per which the difference in […]

HC denies bail in Rs. 2956 crore Fraud Case

September 4, 2020 1116 Views 0 comment Print

Mukesh Tanwar Vs. State of Haryana (Punjab High court) As discussed above, investigation is still going on and out of total 31 accused, 10 are yet to be arrested and they are openly in league with the petitioner as well as other co-accused, who are in custody, while circulating the misleading information through social media […]

Rebooting MSMEs In The Covid 19 ERA

September 4, 2020 2823 Views 0 comment Print

ICAI has come out with a model for sustainability of MSME. MSME Business Continuity Checklist focused on a number of factors that require special attention by the management of MSME which can guide their initiative to face this tough time.

GST: Release goods and vehicle on payment of 25% of tax amount- HC

September 3, 2020 912 Views 0 comment Print

Balaji Steel Rolling Mills Ltd. Vs State of Tripura (Tripura High Court) Petitioner has challenged the seizure/detention of goods/materials by the Superintendent of State Taxes  by the order dated 17.02.2020 on the ground that e-Way bills tendered for the goods in movement stood expired when the vehicle entered within the territory of the State of […]

Joint DGFT cannot review his own orders: HC

September 2, 2020 2385 Views 0 comment Print

Simplex Infrastructures Ltd. Vs. Union of India (Madras High Court) Joint DGFT has no powers to review his own orders in view of Section 16 of the FTDR Act. There can be no review of an earlier refund except in accordance with the provision of Section 16 of the FTDR Act, which only permits the […]

Custom Duty is to be paid when condition of exemption not fulfilled

September 1, 2020 1215 Views 0 comment Print

L. R. Brothers Indo Flora Ltd. Vs Commissioner of Central Excise (Supreme Court of India) The factual matrix leading to the present appeal is that the appellant M/s. L.R. Brothers Indo Flora Ltd. is a 100% Export Oriented Unit3 and engaged in production of cut flowers and flower buds of all kinds, suitable for bouquets […]

Disputed CENVAT Credit paid during Service Tax Regime can be claimed as cash refund

September 1, 2020 1365 Views 0 comment Print

Kaizen Organics Pvt. Ltd. Vs. Commissioner of Central Goods & Service Tax (CESTAT Delhi) I find that the allegations in the show cause notice of taking irregular cenvat credit is based on a communication dated 30.02.2012 received from the Additional Commissioner, Customs & Central Excise, J & K, Jammu, stating that the several units in […]

GST payable on leasing of property in the nature of hotel, inn, guest house

August 31, 2020 6960 Views 0 comment Print

We find that the Appellant has constructed the building with the intention of providing hostel accommodation which is more akin to sociable accommodation rather than what is commonly understood as residential accommodation. Therefore, we conclude that the impugned property cannot be termed as residential dwelling. Once the impugned property is not a residential dwelling, the exemption under Sl.No 13 of Notification No 09/2017 IT (Rate) dt 28.06.2017 will not apply to the renting/leasing of such property.

Composite work contract pre-dominantly of earth work to Government Entity attracts 5% GST

August 28, 2020 1797 Views 0 comment Print

The work carried by the applicant is a Composite supply of work contract involving pre dominantly earth work provided to a Government Entity and thus attract 5% GST

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