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GST Officer must assist taxpayer in filing GST return if he faces problem in filing

August 6, 2018 1959 Views 0 comment Print

Pramod Behera Construction Vs Commissioner of State Tax (Orissa High Court) We find that although under the GST regime all applications required to be done online. in the event any dealer faces any problem in uploading such data, the Commissioner ought to place alternative authority with the Sales Tax Officer or appropriate officer before whom […]

GST on membership & registration fees paid by BCSBI members

August 1, 2018 13695 Views 0 comment Print

In re The Banking Codes And Standards Board Of India (GST AAR Maharashtra) Whether GST is liable to be paid on the contribution made by Members towards ‘Annual Membership Fees and registration fees’ to the Corups Fund of Banking Codes And Standards Board Of India (BCSBI) and recurring expenditure  being incurred? We find that the […]

GST on amortized value of tool received on FOC basis from customer

July 31, 2018 7266 Views 0 comment Print

In re Lear Automotive India Private Limited (GST AAR Maharashtra) Whether amortized value of the tool received on Free of Cost (FOC basis from the customer is required to be included in the value of finished goods manufactured and supplied by the applicant to the customer? FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, […]

Satisfaction of AO before invoking section 14A must for disallowance

July 30, 2018 1350 Views 0 comment Print

Nine Dot Nine Mediaworx (P) Ltd. Vs ITO (ITAT Delhi) Once assessee had submitted that no expenditure incurred for earning dividend income, the AO was under legal obligation to demonstrate as to how he was not satisfied with the contention of assessee and only, thereafter, he could have proceeded to make a disallowance. As was […]

GST on facilitating process for sale of CRS Software of foreign parent company

July 26, 2018 2469 Views 0 comment Print

The marketing, promotion and distribution services provided by the applicant to Sabre APAC would be subject to tax under the provisions of the GST Act.

CS found guilty of filing Compliance Certificate without Due Diligence

July 18, 2018 2454 Views 0 comment Print

Shri Rajev M. Bhingarde Vs Shri Hemant S. Shetye (Disciplinary Committee, ICSI) Disciplinary Committee after considered all the material on record, the nature of issues involved and in the totality of the circumstances of the case and the Respondent pleaded guilty only to the charge of not exercising due diligence in respect of notices for […]

GST payable on training by Maharashtra Rajya Sahakri Sang Maryadit

July 18, 2018 1836 Views 0 comment Print

In re The Maharashtra Rajya Sahakri Sang Maryadit (GST AAR Maharashtra) Question :- The Maharashtra Rajya Sahakari Sangh Ltd. conducts education and training programmers through its 13 co-operative training centres and 33 district co-operative boards by charging fees to participants. Maharashtra Rajya Sahakari Sangh Ltd. is not profit making body and doing this activity as […]

GST Rate on inputs used for constructing warships & submarines

July 11, 2018 5847 Views 0 comment Print

Issue that is raised before us by the applicant is whether the inputs mentioned in Annexure B of the application, which are used for constructing the warships and submarines are forming parts of such warships/submarines and therefore chargeable to reduced tax @ 5% under Sr.No.252 of Notification No.1/2017 Central Tax (Rate) dated 28.06.2017.

Tax on Income from mushrooms grown in controlled conditions

July 9, 2018 2256 Views 0 comment Print

Agricultural operations carried out by assessee on land/soil, being human skill and labour were basically agricultural operation and as such just because mushrooms are grown in controlled conditions it does not negate claim of assessee that income arising from sale of such mushrooms was agricultural income and thus exempt under section 10(1).

Tax on Interest on enhanced compensation arising on compulsory acquisition of agricultural land

July 9, 2018 14442 Views 0 comment Print

Satbir & Ors. Vs ITO (ITAT Chandigarh) Capital gains–Interest on enhanced compensation arising on compulsory acquisition of agricultural land–Taxability Interest earned under section 28 of Land Acquisition Act, 1894, which is on enhanced compensation, is treated as an accretion to the value and therefore, is part of the enhanced compensation or consideration. Therefore, interest on […]

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