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No addition in Assessment U/s. 153A if No incriminating material found

September 24, 2018 3651 Views 0 comment Print

As assessment for impugned assessment year was not pending on the date of search, therefore, no addition could to be made in assessment framed under section 153A in the absence of any incriminating material found during search.

Applicability of TDS U/s. 194C on Payment made to truck owners

September 19, 2018 5472 Views 0 comment Print

ITO Vs Shri Anil Kumar Nevatia (ITAT Kolkata) The ld. DR vehemently argued that the assessee had used the same truck numbers for transporting its goods and hence explanation of the assessee that payments were made only to the truck drivers and that no oral or written contract was entered into with the truck owners […]

18% GST on Supply of minerals & erection work as work contract services

September 18, 2018 1824 Views 0 comment Print

In re Madhya Pradesh Poorv Kshetra Vidyut Vitaran Company Limited (GST AAR Madhya Pradesh) As per the Memorandum of Association of the Company, Main objects to be pursued by the Company on its incorporation is to carry on the business of purchasing, selling, importing, exporting, selling, trading of electrical energy, including formulation of tariff, billing […]

Canned Pineapple Slices dipped in sugar syrup falls under Tariff item No. 0811

September 17, 2018 2190 Views 0 comment Print

In re Bharat Agro (GST AAAR Uttar Pradesh) We modify the Ruling given by AAAR, Uttar Pradesh as per their Order No.5 dated 21-05-2018 and hold that the Product in question i.e. ‘Canned Pineapple Slices dipped in sugar syrup’ is covered under the Tariff item No. 0811 FULL TEXT OF ORDER OF APPELLATE AUTHORITY OF […]

Misconduct Proceedings cannot be initiated against Advocates, CAs, CMAs under VAT Act

September 14, 2018 2424 Views 0 comment Print

Pravin Natvarlal Modh Vs State of Gujarat (Gujarat High Court) In the instant case the petitioner is holding a certificate as a sale tax practitioner from the year 1977. In 1983 he enrolled as a an advocate under the state bar council of Gujarat. The VAT authorities initiated misconduct proceedings under section 81 of the […]

GST on Air-Cooled condenser forming part of Waste to Energy plant

September 14, 2018 1206 Views 1 comment Print

In re Enexio Power Cooling Solutions Private Limited (GST AAR Andhra Pradesh) Whether the Air-Cooled condenser to be supplied by the applicant to the buyer for use in the waste-to-energy project is classifiable as ‘parts for the manufacture of waste to energy plants/devices’, attracting 5% IGST or 2.5% CGST and 2.5% APGST? As per the […]

GST on Biofos Mono /Di calcium phosphate animal feed supplement

September 14, 2018 5055 Views 0 comment Print

In re Srivet Hatcheries (GST AAR Andhra Pradesh) Biofos Mono calcium Phosphate/Di calcium phosphate animal feed supplement, HSN Code No: 23099090, is classifiable under exempted goods, notified vide the Entry No.102 of Notification No.02/2017, dated: 28th June 2017. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING,(ANDHRA PRADESH) Note: Under Section 100 of the APGST Act’2017, […]

HC denies Bail to CA in Bogus Billing Case

September 10, 2018 1071 Views 0 comment Print

Petitioner and her co-accused in connivance with each other had made 35 fake firms and after making fake entries had issued invoices involving tax amount of more than Rupees Ten Crores. In her statement recorded on 02.08.2018, petitioner has admitted that she had prepared fake firms after accepting fee from her co-accused on the basis of fake ID’s and documents. The firms were misused for evading GST by Sandeep Goyal and Rajesh Arora. Case is still under investigation.

IGST leviable on sale of Mizoram lottery tickets by distributor in Maharashtra: AAR

September 10, 2018 903 Views 0 comment Print

In re Ecool gaming solutions private limited (GST AAR Maharashtra) In the present case, applicant is recipient of supply in the form of lottery and is located in Maharashtra. The supplier of lottery is the State Government of Mizoram which is located outside State .Therefore as per the provisions of Section 7(1) of the IGST […]

HC restrain dept. from encashment of Bank guarantee under GST till exhaustion of statutory remedy

September 6, 2018 1236 Views 0 comment Print

Safa Mill Stores Vs Assistant State Tax Officer, Karukutty (Kerala High Court) 1. The petitioner, a partnership firm, transported certain goods ostensibly from Bombay to Perumbavoor. But when the petitioner tried to unload the goods at Malamury, Perumbavoor, the authorities checked the documents carried along with the goods and found that they did not correctly reflect […]

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