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Section 269SS not applicable to transactions between relatives

April 24, 2019 8451 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 13677 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 2403 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 1119 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 9618 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 1125 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. […]

Export of specified Chemicals allowed to State Parties to CWC

April 24, 2019 891 Views 0 comment Print

The existing export policy of chemicals namely, Chloropicrin: Trichloronitro Methane and Methyldiethanolamine listed under Appendix 3 (SCOMET List) has been amended to allow export of these chemicals to State Parties to the Chemical Weapons Convention (CWC) without an export authorisation, on post reporting basis.

e-Way Bill System Enhancements in e-Way Bill System (April-2019)

April 23, 2019 63264 Views 1 comment Print

Following are the enhancements in e-Way Bill System: 1. Auto calculation of distance based on PIN Codes 2. Knowing the distance between two PIN codes 3. Blocking the generation of multiple e-Way Bills on one Invoice/Document 4. Extension of e-Way Bill in case the Consignment is in Transit/Movement 5. Report on list of e-Way Bills about to expire soon

Section 56(2)(vii) not applies to stock-in-trade

April 23, 2019 8274 Views 0 comment Print

Provisions of section 56(2)(vii) have application to ‘property’ which is in nature of a capital asset of recipient and, thus, when assessee purchased a piece of land as stock-in-trade, the addition made by AO in respect of the purchase of land by invoking provisions of section 56(2)(vii)(b)(ii), was to be set aside.

AAR bound to pronounce ruling within 90 days of receipt of application

April 23, 2019 645 Views 0 comment Print

In re Kayden Investments Pvt. Ltd. (GST AAR Haryana) In order to decide the admissibility of the application, the applicant was called upon to appear before this Authority on 12.04.2019 vide memo no. 664 dated 09.04.2019, but none appeared on behalf of the applicant. Thereafter, notice of appearance was sent for 22.04.2019 vide memo no. […]

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