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18% GST payable on executing works for Governmental Entity or Authority

July 15, 2022 552 Views 0 comment Print

In re KPC Projects Limited (GST AAR Telangana) M/s. KPC Projects limited are executing works to Telangana State Tourism Development Corporation limited (Government entity) and desirous of ascertaining the rate of tax under CGST & SGST on their supplies. Questions raised: 1. In view of the services provided by the applicant to TSTDC, is the […]

Advance ruling under GST cannot be given on liability of third party

July 15, 2022 948 Views 0 comment Print

AAR held that applicant is seeking an advance ruling on the liability of the third party, i.e., the developer who is not represented before this authority. A ruling cannot be given on the back of an effected party to determine his liability to pay tax. Hence the application is rejected.

Section 263 order not valid for land vacation compensation issue already examined by AO

July 15, 2022 381 Views 0 comment Print

Issue relating to the land vacation compensation charges claimed by the assessee in the year under consideration was duly examined by the Assessing Officer by making the necessary inquiries and after satisfying himself on perusal of the relevant details and documents placed on record by the assessee

Section 80IB deduction not allowable if Form 10CCB not filed with return of income

July 14, 2022 1896 Views 0 comment Print

DCIT Vs Kalyan Aqua & Marine Exports India Pvt Ltd (ITAT Visakhapatnam) We find that even though it is claimed by the Ld. AR that there was a technical error which prevented the assessee from filing/uploading the Form-10CCB along with return of income filed U/s. 139(1), the Ld. AR could not produce the Form-10CCB claimed […]

Section 54B exemption allowable even if land was cultivated only for few days during Relevant Years

July 13, 2022 678 Views 0 comment Print

Term two years has been interpreted to mean that not during the whole period of two years, even if the land is used for some days in the earlier year, it would be sufficient for compliance of provisions of section 54B

GST on Transfer of development rights by landowner to developer

July 13, 2022 4995 Views 0 comment Print

Transfer of development rights by the landowner to the developer is consideration received by such developer for supply of construction service.

Cash Deposits out of Shroff Business cannot be Treated as Undisclosed Income

July 12, 2022 1914 Views 0 comment Print

DCIT Vs Sidhanath Enterprise (ITAT Rajkot) The ld. CIT(A) has deleted the addition on account of cash deposits of Rs. 224.53,23,993/-. in the bank account of the assessee, noting that identical issue had come up before the Hon’ble Gujarat High Court in the case of the assessee itself in a writ petition filed by the […]

GST Rate on affordable residential apartments & other than affordable residential apartments

July 12, 2022 22800 Views 0 comment Print

Rate of tax applicable for services of construction of affordable residential apartments is 1.5% and 7.5% for services  of construction of residential apartments other than  affordable residential apartments.

Section 269SS not attracted to Cash receipt from father’s proprietary firm

July 11, 2022 13752 Views 0 comment Print

ITAT held that so far as cash receipt of by assessee from his father’s proprietary firm is concerned, the provisions of section 269SS do not stand attracted.

ED imposes penalty on Amnesty India & its CEO Aakar Patel

July 10, 2022 312 Views 0 comment Print

The Adjudicating Authority of ED has adjudicated a SCN issued to M/s Amnesty India International Pvt. Ltd.(AIIPL) and its CEO Shri Aakar Patel for contravention of the provisions of FEMA and imposed penalty of Rs. 51.72 Crore and Rs 10 Crore respectively. Enforcement Directorate Press Release 08.07.2022 The Adjudicating Authority of Directorate of Enforcement (ED) […]

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