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No GST on extra cigarette packs supplied as part of promotion scheme for consideration

May 4, 2019 2430 Views 0 comment Print

In re Golden Tobacco Limited (GST AAR Maharashtra) The Applicant is seller of Cigarettes, and intends to offer extra quantity of Cigarettes (quantity discount) in addition to normal quantity against same consideration, as a taxable supply to its Distributors from their Depot. As per new marketing strategy devised by the Applicant to promote its brands […]

Discussion Paper on Corporate Liquidation Process along with Draft Regulations

May 3, 2019 1485 Views 0 comment Print

The Insolvency and Bankruptcy Code, 2016 (Code) provides for a market mechanism for rescuing, failing but viable corporate debtors (CDs) and liquidating, failing and unviable ones. There is no precise mathematical formula, however, to identify a CD as an unviable one.

GST on Mounting of Bus/ Truck /Ambulance body on chassis

May 3, 2019 9630 Views 0 comment Print

In re M/s. Sanghi Brothers (Indore) Private Limited (GST AAR Madhya Pradesh) Mounting of Bus/ Truck /Ambulance body on the chassis to be supplied by the Principal on delivery challan or any other owner of the chassis on which Bus/ Truck /Ambulance body will be fabricated by collecting job work charges including inputs required for […]

Reassessment by sending section 148 notice to old address of assessee is invalid

May 3, 2019 4224 Views 0 comment Print

Veena Devi Karnani Vs ITO (Delhi High Court) Rule 127(2) clearly states that the addresses to which a notice or summons or requisition or order or any other communication may be delivered or transmitted shall be either available in the PAN database of the assessee or the address available in the income tax return to […]

Profiteering establishes on increase of base price despite GST Rate reduction

May 2, 2019 1074 Views 0 comment Print

Shri Kumudchandra Atmaram Patel Vs M/s TTK Prestige Limited (National Anti-Profiteering Authority) Respondent had increased the base price of the product from Rs. 1,640.62 to Rs. 1,779.66, when the rate of tax was reduced from 28% to 18% with effect from 15.11.2017.Thus, by increasing the base price of the product, post-GST, the benefit of reduction […]

IGST payable on ocean freight paid on imported goods under RCM

May 2, 2019 5895 Views 0 comment Print

In re E-DP Marketing Private Limited (GST AAR Madhya Pradesh) The Applicant shall be liable to pay IGST on ocean freight paid on imported goods under Reverse Charge Mechanism in terms of Notification No.10/2017-IT(R) and Notification No.8/2017-IT(R) irrespective of the ocean freight component having been a part of the CIF value of imported goods. FULL […]

ICAI President’s Message – May 2019

May 1, 2019 993 Views 0 comment Print

The Institute of Chartered Accountants of India My dear Professional Colleagues, It is a well-established fact that since inception small and medium-sized practices (SMPs) have been playing a critical role in the growth of accountancy profession across the globe and comprise vast majority of the global professional fraternity. Globally, ICAI has always represented the concerns […]

Section 142A: Reference of matter to DVO by AO for valuation of property is not mandatory

April 30, 2019 21561 Views 0 comment Print

provisions of section 142A of the Act provides that the Assessing Officer may refer the matter to the DVO for the purpose of estimation of the value of the asset, property or investment and get a copy of the report from the DVO. The word ‘may’ makes it discretionary to refer the matter to the DVO. It cannot be said by any stretch of imagination that it is mandatory.

Section 54F Deduction cannot be denied for mere non deposit of amount in bank a/c

April 30, 2019 18402 Views 0 comment Print

Where assessee did not deposit sale consideration in the bank account maintained under the capital gains scheme before the due date of filing of return but otherwise purchased new house within two years, as stipulated in section 54F(1), then deduction under section 54F could not be denied to assessee.

No Tax on Amount received by a partner on his retirement from firm

April 30, 2019 2430 Views 1 comment Print

Pr. CIT Vs Smt. Hemlata S Shetty (Bombay High Court) Amount received by a partner on his retirement and the partnership firm is not subjected to tax in the retiring partner’s hands in view of Section 45(4) of the Act. The liability, if any, to pay the tax is on the partnership firm in view […]

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