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ICAI FAQs on LLP Settlement Scheme, 2020

March 12, 2020 13902 Views 1 comment Print

The Ministry of Corporate Affairs has provided a one time opportunity to the LLPs to make good their default by filing pending documents and to serve as a compliant LLP in future by introducing LLP Settlement Scheme, 2020 vide General Circular No 02/2020 dated 4th March, 2020 which will be applicable from 16th March, 2020 to 13th June, 2020.

Section 68 Addition justified for un-reconciled credit balance

March 11, 2020 1698 Views 0 comment Print

Jupudi Venkateswara Rao Vs ITO (ITAT Visakhapatnam) Ld.CIT(A) has given a clear finding that the assessee failed to produce the purchases book, stock register etc to verify the purchases or the unaccounted sales, the assessee has taken a different stand before the ITAT and argued that the difference was not related to purchase and sales […]

AAR Application not admissible if Applicant is not supplier

March 11, 2020 732 Views 0 comment Print

In re Futuredent (GST AAR Maharashtra) We find that the applicant has not undertaken the supply in the subject case, and is also not proposing to undertake the supply. We find that, the applicant is a recipient of services from a person situated abroad. The impugned transactions are not in relation to the supply of […]

AAR application not admissible on separate invoice issue to each co-owners

March 11, 2020 1056 Views 0 comment Print

In re Rishabh Chopda (GST AAR Maharashtra) The first question raised by the applicant is whether the co-operative society, in the present case has to issue four separate invoices to each of the four co-owners so that all of them can get proportionate input tax credit. We find that the said question is raised on […]

NAA not interferes with Business decisions or Right to Trade

March 11, 2020 870 Views 0 comment Print

Deputy Commissioner of State Tax Vs Le Reve Pvt. Ltd. (National Anti-Profiteering Authority) The Respondent has also contended that right to trade was a fundamental right guaranteed under Article 19(1)(g) of the Constitution of India and the right to trade including the right to determine prices and such right which had been granted by the […]

GST on Popcorn manufactured by heating of raw corn/maize grains

March 11, 2020 2148 Views 0 comment Print

In re Jay Jalaram Enterprises (GST AAR Gujarat) The product namely ‘[J.J.’s] POP CORN’, manufactured from raw corn/maize grains, which, by heating turn into puffed corns/popcorns and then to make it palatable other ingredients like salt and turmeric powder along with oil are added to it fits the description as ‘Prepared foods obtained by the […]

BOPP Laminated PP Woven Sacks falls under HS code 3923; Attracts 18% GST

March 11, 2020 11565 Views 0 comment Print

The product  BOPP (Biaxially Oriented Polypropylene Laminated PP Woven Sacks Polypropylene Woven and Non-Woven Bags and PP Woven and Non-Woven Bags laminated with BOPP would be classified as plastic bags under HS code 3923 and would attract 18% GST.

GST: No provisional attachment during pendency of section 71 proceedings

March 11, 2020 1440 Views 0 comment Print

Kanal Enterprise Vs State of Gujarat (Gujarat High Court) The short point falling for our consideration is whether the impugned order of attachment of property under Section 83 of the Act could have been passed on the ground of proceedings instituted under Section 71(1) of the Act. The plain reading of Section 83 of the […]

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

March 11, 2020 1206 Views 0 comment Print

Siddhbali Stone Gallery Vs State of Gujarat (Gujarat High Court) While issuing notice, this Court directed that the vehicle as well as the goods be released, upon payment of the tax, in terms of the impugned notice. The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along […]

FDI received as per FDI policy cannot be added to income for non-submission of bank statement

March 9, 2020 870 Views 0 comment Print

DCIT Vs Technico Industries Pvt. Ltd. (ITAT Delhi) So far as the amount of Rs.920 lakhs deleted by the CIT(A) in respect of Shiroki Corporation is concerned, we find from the details furnished by the assessee that Shiroki Corporation is a Japan based related party of the assessee. During the year under consideration, the assessee […]

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