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HC on Goods detained for not uploading Part-B of E-Way Bill

August 9, 2018 1992 Views 1 comment Print

Kerala High Court held that the goods seized for want of Part-B of E-Way Bill can be released on furnishing bank guarantee and a simple bond without sureties.

18% GST on Polished limestone slabs classifiable as other calcareous stone

August 7, 2018 7863 Views 0 comment Print

In re Maheshwari Stone Supplying Co. (GST AAAR Telangana) Issue- Polished / Processed limestone slabs are correctly classifiable under heading 6802 of the GST Tariff? appellant has not made out a case against the decision in impugned Advance Ruling in so far as it has been ruled that ‘Polished / Processed Limestone slabs are. correctly […]

GST Payable on Cheque Bounce Charges

August 6, 2018 23304 Views 0 comment Print

In re Bajaj Finance Limited (GST AAR Maharashtra) Whether the Bounce Charges collected by the Applicant should be treated as a supply under the GST regime? In the present case, as per details presented before us, we clearly find that there is a clear understanding or agreement between the parties in the present case to […]

ITAT disallowed loss on Sales made at lower rate to reduce taxable Profit

July 31, 2018 1935 Views 0 comment Print

Agarwal Global Steels Pvt. Ltd. Vs DCIT (ITAT Hyderabad) We observe that even if we consider the selling price @ 30,675.56 by M/s Gautham Rolling Mills Pvt. Ltd. and the same was purchased from the assessee @ 25,000/- per MT with tax, the difference would be Rs. 4,500/- per MT. We gave opportunity to both […]

Period of holding to count from the date of provisional allotment letter

July 31, 2018 2913 Views 0 comment Print

The word held used in section 2(14) implies right over a capital asset. In the instant case, right over the property was held by assessee for the period of 36 months, by paying first installment and builder issued a provisional letter of allotment and from that period, assessee had been enjoying legal right over the said property.

GST not payable on Good supplied outside taxable territory from a place located outside taxable territory

July 26, 2018 3834 Views 0 comment Print

In re Jotun India Private Limited (GST AAR Maharashtra) Q1. Whether the supply of goods which are moved from a place located outside taxable territory and are delivered at a place outside taxable territory, would be liable to tax in India under section 7(5)(a) of IGST Act? Answer :- Answered in the negative. FULL TEXT […]

Adopting cost inflation index of Income Tax for Excise valuation not valid

July 25, 2018 546 Views 0 comment Print

Shri Krsna Urja Project Pvt Ltd. Vs CCE (CESTAT Delhi) CESTAT Delhi held that there was no legal basis for adopting cost inflation index of Income Tax dept for determination of assessable value under Section 4 of CE Act read with the CE Valuation Rules, 2000, for valuation of captively consumed goods. The Tribunal also […]

GST on interest on short term loan given by Del Credere Agent to buyers

July 24, 2018 3126 Views 0 comment Print

Whether an amount charged as interest on transaction based short term loan given by the Del Credere Agent (DCA) to buyers of material is exempt from tax in terms of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 (Serial Number 27) ?

GST payable on interest charged by Del Credere Agent from customers: AAAR

July 24, 2018 4809 Views 1 comment Print

In re M/s. Shreenath Polyplast Pvt. Ltd. (GST AAAR Gujarat) The Del Credere Agent (DCA) makes payment to the principal in respect of goods supplied to the customer through him (DCA) in case of failure of making payment by the customer. Once the DCA makes the payment of goods to the principal on behalf of […]

Form GST TRAN-1 Filing Issue- Appoint Nodal Officer/Officers- HC

July 18, 2018 1305 Views 0 comment Print

Pothys Vs. Principal Chief Commissioner (Madras High Court) i. The respective Commissioner of GST and Central excise are directed to appoint Nodal Officer/Officers for the State of Tamil Nadu, if not already appointed, within a period of 2 weeks from the date of receipt of a copy of this order and ii. The petitioners/assessees are […]

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