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Tax payable on Capital Gain if Possession handed over despite subsequent agreement cancellation

September 24, 2018 4113 Views 0 comment Print

CIT Vs Harbour View (Kerala High Court) We find that the Tribunal went wrong in holding that the possession was not handed over in pursuance of the agreement for sale as contemplated under section 53A of the TP Act. Once the sale agreement comes under the provisions of section 53A of the TP Act, handing […]

AAR cannot explain Legal procedure for cancellation of flat

September 24, 2018 5622 Views 1 comment Print

In re Kolte Patil Developers Ltd (GST AAR Maharashtra) Applicant asked ‘What is the legal procedure for cancellation of flat which is booked in pre-GST Regime and cancelled in post-GST Regime. Also, GST liability in cases where some small amount is retained, for cancellation (after discussion with customer).’ AAR held that  questions posed before us […]

IGST payable on testing services to foreign companies on goods made available by them: AAR

September 15, 2018 10341 Views 0 comment Print

In re Behr-Hella Thermocontrol India Pvt. Ltd. (GST AAR Maharashtra) The argument of the applicant is that the services provided by the applicant in this case, as per the agreement, are completed only when the test reports are sent to their overseas clients is not tenable for the reason that first of all the service of […]

GST on fee paid for grant of license sale of liquor for human consumption; HC dismisses petition

September 12, 2018 561 Views 0 comment Print

Learned counsel for the respondent fairly submitted that he has received instructions to the State that in 26th meeting of GST Council held on 10-3-2018 it has been decided that no GST/Service Tax is leviable on the fee paid for grant of license sale of liquor for human consumption

No penalty on surrendered amount in revised Income Tax return

September 7, 2018 2253 Views 0 comment Print

Since assessee had included the surrendered amount in its revised return and no such concealment or non-disclosure was made as assessee had made a complete disclosure of income in its revised return. Therefore, no penalty under section 271(1)(c) could be levied.

Surveying Indian market for foreign group co. is Market Research not Support Service

September 5, 2018 5754 Views 0 comment Print

In re Asahi Kasei India Private Limited (GST AAR Maharashtra) Question:- 1. Whether the service supplied by the Applicant under the Service Agreement dated 1 March 2013 constitute a supply of ‘Support services’ falling under HSN code 9985 ‘Intermediary service’ classifiable under HSN code 9961 /9962? Answer (i) The services provided by the applicant in the […]

Levy of GST Rate applicable in case of “Neem Seed”

September 5, 2018 14103 Views 0 comment Print

The Neem fruit is known as ‘Nimouli’ in Chhattisgarh and is collected in both fresh and dry forms and is used for making neem oil only, after drying the neem seed. Dry neem fruit is not generally used for trading for horticulture or agro-based commercial purpose i.e. dry neem fruit is not identifiable with seed commercially.

S. 40A(3) Validity of Cash payments exceeding limit to Electricity Board

September 4, 2018 2586 Views 0 comment Print

Ayub Ali Vs ACIT (ITAT Jaipur) The assessee has entered into an agreement with a Government Hospital in Bikaner whereby it operates the MRI and CT Scan machines. The nature of such activities therefore demand a continuous supply of electricity and the assessee cannot risk the life of the patients especially those admitted in emergency […]

Input tax credit on goods available only on receipt of goods

August 30, 2018 19143 Views 0 comment Print

In re M/s Pasco Motor LLP (GST AAR Haryana) In case of invoices being raised by supplier in previous month and goods being received in the succeeding month, input tax credit on goods so received shall be available to the applicant, only when applicant has received the goods. The liability to pay tax shall arise […]

Sampada Caterers allowed to withdraw GST advance ruling application

August 20, 2018 1131 Views 0 comment Print

In re Sampada Caterers Proprietor Mrs. Sampada Santosh Hedaoo (GST AAR Maharashtra) The present application has been filed under section 97 of the Central Goods and Services Tax  Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST and MGST Act”] by SAMPADA CATERERS, PROPRIETOR MRS. SAMPADA SANTOSH […]

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