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Plastics Broom-Sticks is classifiable under HSN Code 96032100

December 11, 2018 24522 Views 0 comment Print

In re M/s Aristoplast Products Pvt Ltd (GST AAR Daman/Diu/DNH) 1. In the first case against Application dtd 12.09.2018 filed by M/S Aristoplast Products Pvt Ltd, Survey No 45/2-8, Vapi Daman main road, Dabhel, Nani Daman, Advance Ruling is given that the product Plastics Broom-Sticks is classifiable under HSN Code 96032100 as “Others” and the […]

18% GST Payable on Cheese Balls’ having up to 55% Cheese

December 10, 2018 2766 Views 0 comment Print

We find from the label/packaging of the goods that the percentage of cheese is not more than 55%, which indicates that though cheese is the major component of the goods but it cannot be said to be present in such quantity that it predominates or overwhelms the presence of other ingredients. It is observed that the percentage of other ingredients is as high as 45%, which should prevent the goods from retaining the character of cheese. Therefore acceptance of these goods as cheese would not be the correct position.

No GST Exemption on warehouse services used for packing & storage of tea: AAAR

December 10, 2018 7323 Views 0 comment Print

In re M/s. Nutan warehousing Company Pvt. Ltd. (GST AAAR Maharashtra) Products stored in the warehouse of the appellant are not the agricultural produce, we come to the question asked in the advance ruling application filed by the them i.e. Whether the supply of warehouse services used for packing & storage of tea, under above […]

Filing Appeal against GST Registration Order (FORM GST APL-01)

December 9, 2018 149388 Views 5 comments Print

A. FAQs on Filing an Appeal against Registration Order (FORM GST APL-01) Q.1 Who can file an appeal to the Appellate Authority? Ans: Any taxpayer or an unregistered person aggrieved by any decision or order passed against him (with respect to Registration, amendment or cancellation etc.) by an adjudicating authority, may appeal to the Appellate […]

Discount cannot be treated as bogus merely because some parties denied it

December 7, 2018 630 Views 0 comment Print

Mondal Construction Co. Ltd. Vs ACIT (ITAT Kolkata) We note that assessee had debited a sum of Rs.10,99,907/-in the profit & loss account on account of discount on sale of flat. However, the Assessing Officer disallowed the said discount stating that some of the parties to whom the discount had been given, had informed that […]

ITAT allows Finance Charges paid to NBFCs without TDS deduction as NBFCs included the same in their Income

December 7, 2018 8694 Views 0 comment Print

ACIT Vs Smt. Champa Nandi (ITAT Kolkata) The Income Tax Appellate Tribunal ( ITAT ), Kolkata has held that the finance charges to Non-Banking Financial Companies (NBFCs) are not subject to Tax Deduction at Source ( TDS ) under the provisions of section 194A of the Income Tax Act. The assessee has debited in his […]

Johnson Product dealer guilty of profiteering for not reducing price despite Tax Reduction: NAA

December 6, 2018 1917 Views 0 comment Print

Director General of Anti-Profiteering Vs J. P. and Sons (National Anti-Profiteering Authority) The brief facts of the present case are that the Standing Committee vide the minutes of it’s meeting dated 13.04.2018 had requested the DGAP to initiate investigation under Rule 129 (1) of the CGST Rules, 2017 on the allegation that the Respondent had […]

Denial of Tax relief for non-submission of Tax Residency Certificate: ITAT remand back the case to AO

December 5, 2018 762 Views 0 comment Print

ACIT (IT) Vs Shri Ayan Majumdar (ITAT Kolkata) It is not in dispute that the assessee is a non-resident in India and is a tax resident of UK during the year under consideration. It is not in dispute that his employment is exercised in UK. We find that the ld AO had denied the relief […]

No TDS on Payment to Amazon for Web-Hosting as same is not Royalty

December 5, 2018 40110 Views 1 comment Print

EPRSS Prepaid Recharge Services India Pvt. Ltd. Vs ITO (ITAT Pune) Tribunal further observed that there was no amendment in the DTAA between the two countries analogous to the Explanation 5 to section 9(1) of the Act and accordingly Amazon was not chargeable to tax in respect of Web hosting charges received from the assessee […]

GSTP Exam- candidates enrolled up-to 4.12.2018 can register

December 5, 2018 831 Views 0 comment Print

For the GST Practitioners examination, candidates enrolled up-to 4.12.2018 (11.59.59 PM) will be eligible to register, instead of 26.11.2018, notified earlier. The registration window will also remain open till 7.12.18 (11.59.59PM), instead of 5.12.18 (11.59.59PM) notified earlier.

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