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NAA found Builder guilty of not passing net benefit of ITC

February 14, 2020 1047 Views 0 comment Print

Manish Saini Vs Ramaprastha Promoter & Developer Pvt. Ltd. (NAA) It is clear from the plain reading of Section 171(1) mentioned above that it deals with two situations one relating to the passing on the benefit of reduction in the rate of tax and the second pertaining to the passing on the benefit of the […]

Proceedings at SCN stage shall go ahead in accordance with law : HC

February 13, 2020 720 Views 0 comment Print

Global Knitfab Vs State Tax Officer (Gujarat High Court) The writ applicant availed the benefit of the interim order passed by this court and got the vehicle along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of […]

No service tax on interest earned by providing metal as loan

February 10, 2020 1008 Views 0 comment Print

Indian Overseas Bank Vs Commissioner of Central Excise & ST (CESTAT Chennai) Revenue is of the opinion that only if the loan is in the form of Indian rupee and interest is earned on that, then alone under the provisions of Valuation Rules or Section 66D of Finance Act, 1994 interest is not to be […]

HC directs Tax Officer to pass order after considering contentions of Petitioner & Providing reasonable opportunity

January 28, 2020 681 Views 0 comment Print

K.J. Mathew Vs State of kerala (High Court of Kerala) This Court is of the view that there is no necessity for this Court to adjudicate the abovesaid contentions raised by the petitioner regarding the merits of the matter. As rightly pointed out by the learned Government Pleader, the petitioner has not so far responded […]

No ruling by AAAR on GST on Deposit Work due to difference of Opinion

January 23, 2020 3207 Views 0 comment Print

In re Uttar Pradesh Power Transmission Corpo. Ltd (GST AAAR Uttar Pradesh)  i. Whether the Deposit Work undertaken by Appellant is an integral part of supply of services of transmission or distribution of electricity? ii. Whether the Deposit Work undertaken by Appellant is ancillary to the principal supply of transmission or distribution of electricity? iii. […]

Service of order on driver was no service at all HC

January 20, 2020 1413 Views 0 comment Print

Jindal Pipes Limited Vs State Of U.P. (Allahabad High Court) It had been admitted that order was served upon the driver and, therefore, the order was neither served on the consignee nor on the consignor. Learned counsel relied upon a judgment of this Court reported in 2019 (21) GSTN 145 : S/S. Patel Hardware vs. […]

GST on Project Management Consultancy Services under contract for PMAY

January 15, 2020 723 Views 0 comment Print

In re Hi-tech Builder (GST AAR Uttar Pradesh)  Q-1 Whether the Project Development Service (i.e. Detailed Project Report Service) and Project Management Consultancy services (PMCS) provided by the applicant to recipient under the contract from State Urban Development Authority (herein after referred as “SUDA”) and the PMC under the contract for Pradhan Mantri Awas Yojna […]

Income tax slab rates in India – AY 2020-21 (FY 2019-20)

December 25, 2019 175623 Views 13 comments Print

Income tax slab rates are decided and governed by Income Tax Act 1961 and are subject to change every year. Here are the income tax slab rates for the Financial Year 2019-20 (relevant to Assessment Year 2020-21) for Resident Individual (Below 60 Years Old), HUF and AOP/BOI/Artificial juridical person, Senior Citizens (60 Years Or More […]

No TDS on Commission to non-resident agents for procuring export orders

December 19, 2019 1977 Views 0 comment Print

Commission paid to foreign agents for procuring export orders could not be treated as income taxable in India when parameters of DTAAs were applied to transactions in question. Also non-resident agents did not have PE or business connection in India. Therefore, impugned payment could not be held as taxable in the hands of non-resident agents in India and, therefore, liability to withhold tax under section 195 did not arise.

ITC not admissible on original invoices issued by service provider from old GST No.

December 17, 2019 1416 Views 0 comment Print

In re Vivo Mobile India Pvt Ltd. (GST Uttar Pradesh)  i. Whether the input tax credit is admissible on the basis of original invoices issued by service provider from old GST No. 09AVKPS1666H2Z1. Ans: In view of discussions held above, input tax credit is not admissible to the applicant on the basis of original invoices […]

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