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Fabrication of body building on Tippers, Trailers classifiable under SAC 998881

January 7, 2020 5166 Views 0 comment Print

The activity of fabrication of body building on Tippers, Trailers etc., merits classification under SAC 998881, under ‘Motor vehicle and trailer manufacturing services’, in terms of Sl.No. 535 of Annexure to Notification No. 11/ 2017-Central Tax (Rate) dated 28.06.2017.

Service cannot be termed as Franchise Service for mere user of word ‘Principle to Principle’ in agreement,

January 7, 2020 669 Views 0 comment Print

Easy Bill Ltd. Vs CCE (CESTAT Delhi) Section 9.1 thought talks about the agreement to be on principle to principle basis as impressed upon by learned DR but perusal of this section reveals the subsequent portion explains that word principle to principle mean that the agreement is not intended to constitute a partnership, joint venture […]

Home loan interest can be included in cost in Capital Gain Computation

January 6, 2020 39606 Views 1 comment Print

Assessee is entitled to include interest in the capital cost while computing capital gains U/s 48 of the Act. Judicial discipline requires us to follow the order of a co‑ordinate bench.

IBBI (Liquidation Process) (Amendment) Regulations, 2020

January 6, 2020 1671 Views 0 comment Print

Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 clarifies that a person, who is not eligible under the Code to submit a resolution plan for insolvency resolution of the corporate debtor, shall not be a party in any manner to a compromise or arrangement of the corporate debtor under section 230 of the Companies Act, 2013.

Interest cannot be levied on Gross GST Liability before adjusting ITC: Madras HC

January 6, 2020 59562 Views 7 comments Print

According to the petitioners, Section 50 that provides for levy of interest on belated payments would apply only to payments of tax by cash, belatedly, and would not stand triggered in the case of available ITC, since such ITC represents credit due to an assessee by the Department held as such.

Tax on consumption of Electricity by person generating electricity is valid: HC

January 6, 2020 10947 Views 0 comment Print

Harekrishna Metallics Pvt. Ltd. Vs State of Karnataka (Karnataka High Court) Section 4[3] of the Karnataka Electricity [Taxation on Consumption] [Amendment] Act, 2013 deals with the payment of tax. In terms of sub-section [3] of Section 4, the incidence of tax is on the consumption. The consumption of electricity relates to every person generating electricity […]

Set-off & carry forward of Accumulated loss & unabsorbed depreciation related to amalgamating company – Condition of minimum level of production

January 6, 2020 7893 Views 0 comment Print

A perusal of sub-section (2) of section 72A read with rule 9C reveals that condition of minimum level of production is to be seen at the end of four years and in case of non-fulfillment of the same set-off of accumulated losses and unabsorbed depreciation, already claimed, would be chargeable to tax as income of the fourth year as per sub-section (3) of section 72A.

No duty exemption on goods imported prior to Registration date

January 6, 2020 477 Views 0 comment Print

It is well settled law that to avail the exemption of duty under any Notification, the Rules and Regulations and the conditions prescribed therein have to be strictly adhered and there is no place for equity or intendment in the interpretation of the taxing By holding that the Rules of 1996 are only procedural or directory in nature, the learned Tribunal has frustrated the very purpose of Rules 3 and 4 in question by holding that the Assessee is entitled to the exemption for import made on 28.6.2003.

GST on Licensing services for right to use minerals including its exploration & evaluation

January 6, 2020 1092 Views 0 comment Print

In re Ajay Kumar Dabral (GST AAR Uttarakhand) What is the classification of the service provided by Garhwal Mandal Vikas Nigam (GMVN) to M/s Ajay Kumar Dabral in accordance with notification No. 11/2017 Central Tax (Rate)? What is the Rate of GST on given service for which royalty is being paid? (i) The services rendered […]

GST rate on Licensing Services for right to use minerals including its exploration & evaluation

January 6, 2020 1083 Views 0 comment Print

In re  Kuldeep Singh Batola (GST AAR Uttarakhand) What is the rate of duty on Licensing Services for the right to use minerals including its exploration and evaluation? For which royalty is being paid in terms of notification No. 11/2017 Central Tax (Rate)? The services rendered by M/s GMVN to the applicant during the period […]

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