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RBI permits Foreign Portfolio Investors to invest in municipal bonds

April 25, 2019 486 Views 0 comment Print

As a measure to broaden access of non–resident investors to debt instruments in India, Foreign Portfolio Investors (FPI) are now permitted to invest in municipal bonds.. FPI investment in municipal bonds shall be reckoned within the limits set for FPI investment in State Development Loans (SDLs).

No profiteering if no increase in per unit base price post tax reduction

April 25, 2019 471 Views 0 comment Print

It is apparent that the Respondent did not increase the per unit base price (excluding GST) of the product, which was Rs. 1028.07 in the pre-GST era. Further, it was reduced to Rs. 1021.73 in the post-GST era w.e.f 01.07.2017 and it also remained at Rs. 1021.73 when the GST rate was reduced from 28% to 18% w.e.f 15.11.2017 and hence, there was no increase in the per unit base price. Therefore, the allegation of profiteering is not sustainable in terms of Section 171 of the CGST Act, 2017. As such, we do not find any merit in the application filed by the above Applicants and the same is therefore dismissed.

MVAT: Submission of details of sales through Online Ledger Confirmation Utility

April 25, 2019 5616 Views 0 comment Print

Office of the Commissioner of Sales Tax, (GST),  8th floor, GST Bhavan, Mazgaon, Mumbai-400010. TRADE CIRCULAR No: ACST (VAT)-3/Led. Confirmation/SAP/2018-19/B- 535 Mumbai, Dt 25/04/19 Trade Circular No. 15T of 2019 Subject : Submission of details of sales through Online Ledger Confirmation Utility.. Reference : Trade Circular No. 30T of 2018 dated 24/10/2018 Your attention is invited towards […]

Review of Tribunal order on a possible hidden transaction not permissible

April 24, 2019 873 Views 0 comment Print

Power of review is not an inherent power but must be conferred by law either specifically or by necessary implication. Courts have consistently held that review proceedings imply those proceedings where a party, as of right, can apply for reconsideration of the matter already decided upon after a fresh hearing on the merits of the controversy between the parties and that such a remedy is available only if provided by the statute.

Section 269SS not applicable to transactions between relatives

April 24, 2019 7860 Views 0 comment Print

Where the loans were taken by assessee in cash from his relatives, the transactions between relatives were not in the nature of loans or deposits as envisaged in section 269SS and the penalty imposed under section 271D was accordingly cancelled.

TDS on Commission to foreign agents having No PE in India for services rendered outside India

April 24, 2019 13338 Views 0 comment Print

ITAT held that the business receipts of the foreign residents are not taxable in India since the agents have no PE in India and therefore, the assessee was not required to make TDS u/s 195 of the Act. Therefore, the assessee’s appeals for all the three A.Ys are allowed.

AAR cannot give ruling on formulae for calculation of GST refund

April 24, 2019 2148 Views 0 comment Print

This question pertains to formulae for calculation of refund and hence does not fall within the purview of Section 97 of the CGST Act and is therefore not answered.

GST Rate on inter-state supply of parts of railways in unassembled condition

April 24, 2019 735 Views 0 comment Print

In re JSL India Pvt. Ltd. (GST AAR Haryana) Q1. What would be the rate of tax applicable on inter-state supply of parts of railways in unassembled condition? Ans: From the explanatory note VII mentioned above, it is clear that complete or finished articles presented unassembled or disassembled are to be classified in the same […]

No ITC on expense of Gift items given as brand reminders

April 24, 2019 8937 Views 0 comment Print

In re Sanofi India Limited (GST AAR Maharashtra) Whether input tax credit is available of the GST paid on expenses incurred towards promotional schemes of Shubh Labh Loyalty Program? if we accept the contention of the applicant that the promotional items are supplied as a contractual obligation e.g. watch is given under the contractual obligation […]

Work contracts service to APEPDCL not eligible for concessional GST rate of 12%

April 24, 2019 837 Views 0 comment Print

In re Vijai Electricals Limited (GST AAAR Andhra Pradesh) Ruling of AAR is upheld. Confirmed that the work contracts service rendered by M/s Vijai Electricals (the appellant) to APEPDCL are not eligible for concessional rate of tax 12% as per serial no.3 of entry no.vi (a) of notification no. 24/2017 Central Tax (Rate) dated 21-09-2017. […]

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