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10 Agencies authorised by government to snoop on any computer

December 20, 2018 1416 Views 0 comment Print

Competent Authority hereby authorises the following Security and Intelligence Agencies for the purposes of interception. monitoring and decryption of any information generated. transmitted, received or stored in any computer resource under the said Act, namely:—

GST in case of supply of maintenance service with incidental supply of goods

December 19, 2018 11388 Views 0 comment Print

In re Cummins India Limited (GST AAR Maharashtra) Since the supply of maintenance service in the present case is for a single price with supply of spare parts/goods as and when required, the supply of both, goods and services are made in conjunction with each other in the ordinary course of business and therefore considering […]

GST AAR refereed to Appellate Authority due to different views of members

December 18, 2018 1482 Views 1 comment Print

In re M/s Sam Overseas (GST AAR Uttarakhand) Classification and applicability of GST rate on the ‘Rejected Wheat Seed’ and ‘Rejected Paddy Seed’.  Due to different views of members matter been referred to Appellate Authority hearing and decision on said issue in terms of Section 98(5) of the Act ibid which provide that where the […]

Suggestions on Form GSTR 9C- Reconciliation statement & Certification

December 18, 2018 31215 Views 0 comment Print

We refer to the Form GSTR 9C Reconciliation statement & Certification notified vide Notification No. 49/2018- Central Tax dated 13th September, 2018. In this regard, we consider it a privilege to submit herewith ICAI’s suggestions thereon. The suggestions have been finalized based on the inputs received from members across India who are involved in GST implementation. We hope that these suggestions would also be considered favorably.

Delegation of powers to RDs U/s. 2(41) & 14(1) of Companies Act, 2013

December 18, 2018 2871 Views 0 comment Print

Central Government hereby delegates to the Regional Directors at Mumbai, Kolkata, Chennai, New Delhi, Ahmedabad, Hyderabad and Shillong, the powers and functions vested in it under the first proviso to clause (41) of section 2 and second proviso to sub-section (1) of section 14 of the said Act

Depreciation allowable on public roads by treating as buildings

December 17, 2018 8913 Views 0 comment Print

Whether in the facts and circumstances of the case, Hon’ble ITAT was justified in allowing the claim of depreciation on public roads treating the same as building which is not permissible in law?

Seeking info under RTI Act cannot put question mark on integrity of applicant

December 17, 2018 3954 Views 0 comment Print

Pardeep Kumar Vs Union Territory, Chandigarh and others (Punjab and Haryana HC) The order reverting the petitioner is vindictive. The petitioner has absolute right to get the information under the Right to Information Act. Seeking information under the Right to Information Act cannot put question mark on his integrity. The appellate order has also over […]

Anti-profiteering provisions not attracted if no GST tax rate reduction

December 17, 2018 1191 Views 0 comment Print

State Level Screening Committee on Anti-Profiteering Vs Zeba Distributors (National Anti-Profiteering Authority) As there was no reduction in the rate of tax on the Eastern Meat Masala, hence the anti-profiteering provisions contained in Section 171(1) of the Central Goods and Services Tax Act, 2017 are not attracted. There is also no increase in the per unit […]

No profiteering if no decrease in Tax Rate & no increase in profit Margin

December 17, 2018 822 Views 0 comment Print

Shri Shylesh Damodaran Vs Landmark Automobiles Pvt. Ltd. (National Anti-Profiteering Authority) It is clear from the plain reading of Section 171 (1) 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 […]

No GST exemption on supply to Duty-Free Shops at International Airports in India

December 17, 2018 3330 Views 0 comment Print

As the supply to a DFS by an Indian supplier is not to ‘a place outside India’, therefore, such supplies do not qualify as ‘export of goods’ under GST. Consequently, such supplies cannot be made without payment of duty by furnishing a bond/letter of undertaking (LUT) under rule 96-A of the CGST Rules, 2017.

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