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Lack of opportunity renders Section 263 revisional order a nullity

September 25, 2019 1989 Views 0 comment Print

The revisional action under Section 263 of the Act in unsustainable in law on two counts; (i) A revisional action which began with a nondescript notice and culminated in revisional order without any effective opportunity despite specific request is an order passed in blatant transgression of natural justice & (ii) The Revisional CIT made an unflinching and adverse conclusion in the league of finality (without granting any opportunity) and closed the door for the assessee before the AO while setting aside the order of AO.

GST under RCM applicable on remuneration to Directors

September 25, 2019 55788 Views 3 comments Print

In re M/s Alcon Consulting Engineers (India) Pvt. Ltd. (GST AAR Karnataka) a) Whether the expenses incurred by the Staff members on behalf of the Company exceeding Rs.5000-00 a day and then reimbursed periodically are liable to tax  The amounts paid to the employees of the applicant company as reimbursement of expenses incurred by them […]

GST on landscape development & maintenance of garden work for Govt Depts.

September 25, 2019 2946 Views 0 comment Print

In re M/s The Nurserymen Co-operative Society (GST AAR Karnataka) Whether the landscape development and maintenance of garden work for State and Central Government Departments, all government local bodies (Municipalities and Corporations) etc. and other government undertakings through contract from sub-contracts attracts GST as inward supplies from those vendors? Even after assuming the activity of […]

Services offered to buyer of a flat in a housing complex is composite supply?

September 25, 2019 2367 Views 0 comment Print

In re Assistant Commissioner, State Tax, Park Street Charge, Kolkata (GST AAAR West Bengal) Providing service of construction of a dwelling unit in a residential complex, bundled with services relating to the preferential location of the unit and right to use car parking space and common areas and facilities constitutes a composite supply with construction […]

Agency Commission- Furnish reconciliation certificate certified by CA or CMA

September 25, 2019 1041 Views 0 comment Print

It is now been decided that agency banks while claiming agency commission may submit the certificate (given in Annex B of the above mentioned Circular) duly certified by Chartered Accountants or by Cost Accountants. Revised Annex B is enclosed. There is no change in Annex A and other usual Certificate from ED / CGM (in charge of government business) to the effect that there are no pension arrears to be credited / delays in crediting regular pension / arrears thereof.

Transaction of loan between two independent parties cannot be taxed in the hands of Broker to transaction

September 24, 2019 951 Views 0 comment Print

Shiv Prakash Bajaj Vs DCIT (ITAT Jaipur) It is not in dispute that the assessee surrendered a sum of Rs. 30.00 lass on account of incriminating material found during the search, therefore, the transaction of loan between two independent parties even if through the service of the assessee being broker cannot be thrust upon the […]

DGGI detects fraudulent ITC refund claim of more than Rs. 400 crore

September 24, 2019 1368 Views 0 comment Print

DIRECTORATE GENERAL OF GOODS & SERVICES TAX INTELLIGENCE, ZONAL UNIT, AHMEDABAD. 6th & 7th Floor, I-The Address, Near Sola Fly Over, Off : SG Highway, Ahmedabad – 380060 Phone: 079-26477011; Fax: 079-29600116. F. No. DGGI/AZU/Gr ‘A’/12(4)/118/2019-20 Dated: 24.09.2019 PRESS NOTE Acting on specific intelligence that a few units located in Kandla SEZ at Gandhidham, (Gujarat) […]

Rules pertaining to single disbursement of GST refund claims effective from 24.09.2019

September 24, 2019 2712 Views 0 comment Print

Rules pertaining to single disbursement of GST refund claims brought into force with effect from 24.09.2019 vide Notification No. 42/2019 – Central Tax dated- 24th September, 2019. The provisions of clause 10, 11, 12 and 26 of the CGST (Fourth Amendment) Rules, 2019 [notification No. 31/2019– Central Tax dated 28th June, 2019] come into force […]

GST on composite contract of cutting of live trees to obtain logs & transfer of timber logs

September 24, 2019 10365 Views 0 comment Print

In re M/s. Kohinoor Woods (GST AAR Karnataka) In this case, instead of Forestry Department taking the responsibility of cutting the trees it directed the applicant to cut and remove the standing live Tree. Thus applicant is ultimately removing the cut log and not the live trees, Here the job of cutting is undertaken by […]

Representation on Annual Return and GST Audit / GSTR 9 & 9C

September 24, 2019 20109 Views 0 comment Print

Suggestions in respect of Form 9: At the outset, we humbly submit that Form GSTR 9 which is the Annual Return is supposed to be the summary of all supplies made by a taxpayer during a financial year and should be simpler in terms of compliance. We humbly submit our point wise suggestions as under:

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