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ICAI President’s Message – February 2019

January 31, 2019 1515 Views 0 comment Print

Adoption of ICAI Software on Allotment of Statutory Bank-Branch Audit by Banks As you know, we have over the years expressed our concern on the appointment of auditors of public sector banks by Banks’ Board themselves and on the autonomy given to them.

Rule 3(2) of Companies (Registered Valuers & Valuation) Rules is constitutionally valid: Delhi HC

January 31, 2019 4614 Views 0 comment Print

Cushman And Wakefield India Private Limited Vs Union of India & Anr (Delhi High Court) The issue which falls for consideration is in a very narrow compass, whether a company, other than a subsidiary company, joint venture or associate of other company forms a separate class for the purpose of eligibility for registration as a […]

AAR refers matter to Appellate Authority due to different views on the issue

January 30, 2019 3000 Views 0 comment Print

In re M/s NHPC Limited (GST AAR Uttarakhand) Whether the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 (as amended from time to time) is applicable to the contractors/sub-contractors involved in the construction of Indo-Nepal Border Road or otherwise? We have different views on the applicability of GST on the sub-contractors as discussed supra. Since we […]

GST on value of materials recovered on cost recovery basis

January 30, 2019 2499 Views 0 comment Print

In re GVS projects Private limited (GST AAR Andhra Pradesh) Whether the value of materials recovered from our RA bills issued on cost recovery basis by APSPDCL is liable to tax under RCM as per Notification No.13/2017 Central Tax Rate dated 28.06.2017 or not ? The value of materials recovered on cost recovery basis by […]

12% Concessional GST Rate not applicable on works contract provided to Govt. entity undertaken for business use

January 30, 2019 3504 Views 0 comment Print

The above works undertaken by APEPDCL are for business purpose and the benefit of Concessional Rate of 12% (6% under Central tax and 6% State tax) are any other concessional rate is NOT available to the applicant.

Section 14A Disallowance cannot surpass quantum of exempt income

January 29, 2019 3531 Views 0 comment Print

Shri Harish M. Kukreja Vs ITO (ITAT Ahmedabad) The solitary issue involved in the present appeal is towards extent of disallowance permissible under s.14A of the Act. We find merit in the plea raised on behalf of the assessee that the disallowance under s.14A of the Act cannot surpass the quantum of exempt income in […]

BCD rate on power bank parts of Lithium ion & Battery pack of mobile

January 29, 2019 6930 Views 0 comment Print

Seeks to further amend notification No. 57/2017-Customs dated 30th June, 2017 to prescribe effective BCD rate on parts of power bank of Lithium ion and Battery pack of cellular mobile phones  vide Notification No. 02/2019 – Customs dated 29th January, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 02/2019 – Customs New […]

ITAT on Exclusion of Interest and Rent for computing remuneration allowable to partners

January 28, 2019 5877 Views 0 comment Print

ACIT Vs M/s. Asian Food Industries (ITAT Ahmedabad) This is a settled principle of law that the interest income for the purpose of ascertaining ceiling on the basis of book profit, the profit shall be in the profit and loss account. The interest income, thus, cannot be notionally be excluded for the purpose of determining […]

Whether security or scavenging service to Govt eligible for GST exemption?

January 28, 2019 3033 Views 0 comment Print

Benefit of exemption from the payment of GST is not available to the Applicant under Notification No 12/2017-CT(Rate) dated 28.06.2017 and WB Govt Gazette Notification-1136-FT dated 28.06.2017, as amended, for the supply of Security Services and the bundle of service that he describes as ‘Scavenging Services’.

Transfer not completes on Mere registration of agreement for sale of property

January 27, 2019 4854 Views 2 comments Print

The Pr. CIT Vs M/s. Talwalkars Fitness Club (Bombay High Court) Mere fact that an agreement for sale of property is registered does not make it a conveyance. The sale or transfer U/s. 2(47) of Income Tax Act, 1961  not completes on the date of the execution of the agreement if there are obligations to […]

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