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HDPE woven tarpaulin not classifiable as textile under GST Tariff Act

August 26, 2019 903 Views 0 comment Print

In re East Hooghly Agro Plantatron Pvt. Ltd. (GST AAR West Bengal) The HDPE fabric coated/covered with LDPE or LLDPE melt, used for manufacturing the tarpaulin, is not textile material classifiable under Heading 5903. Tarpaulin made from such fabrics of the variety the Applicant supplies, therefore, is not tarpaulin made from textile material, and not […]

Notification No. 38/2019-Customs (N.T./CAA/DRI): Appointment of CAA by DGRI

August 26, 2019 1251 Views 0 comment Print

Notification No. 38/2019-Customs (N.T./CAA/DRI) dated 26th August, 2019: Appointment of CAA by DGRI Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Directorate of Revenue Intelligence Notification No. 38/2019-Customs (N.T./CAA/DRI) New Delhi, dated the 26th August, 2019 S.O. 3127(E). – In pursuance of notification No. 60/2015-Customs (N.T.), published vide number […]

No Deemed Dividend if Assessee was not a Shareholder when amount been advanced

August 24, 2019 1440 Views 0 comment Print

ACIT Vs M/s. Bhaawani Shankar Ginning Factory (ITAT Pune)  The issue in the present ground is with respect to addition u/s 2(22)(e) of the Act. It is an undisputed fact that assessee had received loan from Mahesh Ginning Pvt. Ltd., in which both the partners of the assessee also held 18.19% shares each. We find […]

Failure to make reference to TPO renders TP Adjustments bad in law

August 24, 2019 3135 Views 0 comment Print

In view of the guidelines issued by the CBDT in Instruction 3/2003 the Tribunal was right in observing that by not making reference to the TPO, the Assessing Officer had breached the mandatory instructions issued by the CBDT.

‘Dialyzer’ used in dialysis machine- 5% GST Payable: AAR

August 23, 2019 5616 Views 0 comment Print

In re M/s Nipro India Corporation Private Limited (GST AAR Maharashtra) Question 1. Whether on facts and circumstances of the case, the product Dialyzer be treated as ‘Disposable sterilized dialyzer or micro barrier of artificial kidney’ as mentioned under Entry No. 255 of Schedule I to Notification Number 1/2017-Central Tax (Rate), dated 28 June 2017 […]

GST on reimbursement of expenses by foreign company to Indian entity

August 23, 2019 52722 Views 0 comment Print

In re Maansmarine Cargo International LLP (GST AAR Maharashtra) Whether GST is applicable on reimbursement of expenses such as salaries, rent, office expenses, travelling cost etc.? Applicant is not a pure agent. In the subject case the applicant is making payments to vendors for supply received by them. The applicant is not making payment to […]

GST rate on aircraft sale not determined by AAR as intended use is not known

August 23, 2019 8427 Views 0 comment Print

In re B. G. Shirke Construction Technology Pvt. Ltd. (GST AAR Maharashtra) Question: – What is the applicable rate of GST on sale of aircraft by an NSOP holder to a private company who have applied for NSOP license, to be used for purposes such as corporate leisure, pilgrimage, cargo chartered flights? +The applicant has […]

Interest payable on Delay in Tax payment due to disclosure of STCG as LTCG

August 22, 2019 2586 Views 0 comment Print

Tushin T. Mehta Vs CCIT (Madras High Court) The writ petitioner’s father late Mr. Tushaar Mehta voluntarily filed his return of income for the assessment year 1996-97 on 28.03.1997 admitting the total income of Rs.11,06,129/-. The assessee had claimed long term capital gains of Rs.3,26,813/- on sale of property made during that year. The property […]

No redemption fine when confiscation remains unchallenged

August 22, 2019 1935 Views 0 comment Print

M/s. O.M.S. Sivajothi Mills Vs Commissioner of Customs (CESTAT Chennai) CESTAT Chennai has held that redemption fine under Section 125 of the Customs Act, 1962 is an option in lieu of confiscation and hence, both (confiscation and redemption fine) cannot run simultaneously. It observed that when the order on confiscation remained unchallenged, and when even […]

Implementation Guide to SA 720 (Revised), “The Auditor’s Responsibilities relating to Other Information”

August 22, 2019 4491 Views 0 comment Print

In the year 2018, ICAI issued SA 720 (Revised), The Auditor’s Responsibilities Relating to Other Information. The Standard is applicable for audits of financial statements for periods beginning on or after April 1, 2018. The Standard casts a new reporting requirement on the auditors of listed entities and corporate entities to include a separate section […]

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