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DGTR recommends anti-dumping duty on imports of Caprolactam

September 27, 2021 2808 Views 0 comment Print

Authority recommends imposition of the anti-dumping duty equal to the lesser of the margin of dumping and the margin of injury so as to remove the injury to the domestic industry. The Authority, therefore, considers it necessary to recommend imposition of the definitive anti-dumping duty equal to the amount mentioned in the column (7), on […]

In absence of sufficient cause delay in filing of return cannot be condoned

September 24, 2021 1176 Views 0 comment Print

For the condonation of the delay, the assessee has to show that there must be a sufficient cause to condone the delay. In this case, the assessee himself decided as per his affidavit not to go to his house knowingly that there must be an assessment order. No one is prevented the assessee to go to his house therefore, we are of the opinion that there is no sufficient cause to condone delay. Accordingly, the appeals filed by the assessee are dismissed.

Tehsildar is not a competent person to decide distance for Capital Gain

September 24, 2021 3612 Views 1 comment Print

In so far as the certificate issued by the Tehsildar is concerned which is at page No.1A of the paper book, it does not show that from the Chidambaram how it comes to 8.5 K.M and apart from that in our view the Tehsildar is not a competent person to decide the distance.

Supply of ‘Tertiary Treated water’ to NMC is ‘taxable supply’

September 24, 2021 1386 Views 0 comment Print

In re Nagpur Waste Water Management Pvt Ltd (GST AAR Maharashtra) Question 1: – Whether the Royalty paid or payable by the applicant to Nagpur Municipal Corporation (NMC) for supplying ‘Tertiary Treated Water’ to Mahagenco, by treating the Sewage Water supplied by NMC is liable to tax under the GST Law? Answer: – Answered in the affirmative. […]

18% GST payable on setting up of a ‘Sulphate Removal Plant’

September 15, 2021 1608 Views 0 comment Print

In re Ion Exchange India Limited (GST AAR Rajasthan) AAR held that services provided under EPC contract awarded to the applicant by M/S Vedanta for setting up of a ‘Sulphate Removal Plant’ broadly ranging from designing, engineering, Surveys, procurement, fabrication, manufacturing, erection & installation, facilities construction, Pre commissioning & Commissioning, training etc. and satisfactory hand […]

HC directs Income Tax Dept to refund amounts collected in excess of 20% of disputed outstanding taxes

September 14, 2021 906 Views 0 comment Print

Religare Finvest Limited Vs DCIT (Delhi High Court) Learned counsel for the petitioner relies on the judgment dated 03rd August, 2021 passed by this Court in Eko India Financial Services Pvt Ltd vs. ACIT, WP(C) No.5819/2021 wherein under similar circumstances the Respondents were directed to refund the amounts collected in excess of 20% of the […]

EPC contract for infrastructure facilities is a work contract & 18% GST is payable

September 13, 2021 2754 Views 0 comment Print

In re L & T Hydrocarbon Engineering Ltd. (GST AAR Rajasthan) As per EPC contract the applicant has to complete the task, of setting up of MUPS2-EPC-2 project broadly ranging from designing, engineering, procurement, fabrication, manufacturing, assembly, erection and installation, facilities construction, Testing, Pre commissioning & Commissioning, Training etc & satisfactory hand over of complete […]

No section 194C TDS on vehicle hired from drivers for Transportation

September 12, 2021 4773 Views 0 comment Print

CIT Vs P. Sumathi (Madras High Court) On facts, the Court found that the assessee therein had entered into a contract to supply vehicles to M/s. Mahindra and many other companies under written contract on various dates and only to perform the obligation under the said contracts, he had hired vehicles from the sub-contractors under […]

Cutting & Polishing of Marble Blocks into Slabs constitutes Manufacture for Section 10IB deduction

September 12, 2021 2766 Views 0 comment Print

CIT Vs Jannani Holdings (Madras High Court) The Madras High Court held that conversion of limestone and marble into lime and limedust constitute the activity of manufacturing or production, entitled for deduction. The assessee, M/s. Jannani Holdings is engaged in the granite business and for the Assessment Year under consideration, AY 2005-06, they filed their […]

GST under TDS not applicable if applicants supply to specified categories of persons notified by Government

September 8, 2021 9060 Views 0 comment Print

In re Uttarakhand Purv Sainik Kalyan Nigam Ltd. (GST AAR Uttarakhand) On perusal of legal provisions of Section 51 of CGST Act, 2017, we find that the Government has authorized following persons , to deduct tax at the rate of two per cent (1% CGST + 1% SGST) from the value of supply excluding the central […]

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