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Benefit of reduction in rate of GST not passed; Anti Profiteering provisions contravened

June 26, 2019 891 Views 0 comment Print

Mr. Mohammad Azid Ramzani Vs Director General of Anti-Profiteering (National Anti-Profiteering Authority) It is revealed that the Central Govt. vide Notification No.41/2017-Central Tax (Rate) dated 14.11.2017 had reduced the rate of GST from 28% to 18% in respect of the tiles with effect from 15.11.2017. the benefit of which was required to be passed on […]

CBIC reveals GST Audit Plan / Strategy for the year 2019-20

June 25, 2019 28428 Views 1 comment Print

The audit of GST Taxpayers were to commence from 1st July 2019, in respect of those taxpayers who have filed their Annual Return in GSTR Form 9 / 9A. However, in the recent GST Council Meeting held on 21/06/2019, the last date of filing of the Annual Return has been extended by two months, i.e. upto 31st August 2019.

Anti-dumping duty till 09.07.2019 on imports of Paracetamol from China

June 25, 2019 573 Views 0 comment Print

Seeks to extend levy of anti-dumping duty till 09.07.2019, on imports of ‘Paracetamol’ originating in or exported from china PR, extended vide notification No. 39/2018 Customs (ADD), dated the 20th August, 2018, in pursuance of order of Hon’ble High Court of Gujarat in the matter of SCA 5278/2019. 

18% GST payable on railway pushing and towing service: AAR

June 25, 2019 3132 Views 0 comment Print

In re Champa Nandi (M/s Industrial Handling) (GST AAR West Bangal) Art 366(20) of the Constitution excludes from the ambit of ‘railway’ only (a) a tramway wholly within a municipal area and (b) any line of communication wholly situates in one State and declared by Parliament by law not to be a railway. The Parliament […]

Computer with integrated CPU, VDU and virtual keyboard is portable PC

June 24, 2019 1569 Views 0 comment Print

Lenovo (India) Pvt. Ltd. Vs. Commissioner of Customs (Import)- (CESTAT Mumbai) Computer having integrated CPU, VDU, but without physical keyboard (having virtual keyboard), and weighing less than 10 kg is classifiable as portable PC under TI 84713010 and not under TI 84715000 of the Customs Tariff Act, 1975. The Tribunal found no literature to support […]

CBDT expands Terms of Reference for drafting new Direct Tax Law

June 24, 2019 1134 Views 0 comment Print

CBDT expands Terms of Reference for drafting new Direct Tax Law to include (i) The Faceless and anonymised verification/ scrutiny/ assessment (ii) The mechanism for system based cross verification of the financial transactions (iii) Reduction in litigation and expeditious disposal of appeals before the CIT (Appeals), ITAT, High Courts and Supreme Court (iv) Reduction of […]

Builder realised more price by issuing incorrect tax invoices- Guilty of Anti-Profiteering

June 21, 2019 1491 Views 0 comment Print

Sh. Peeyush Awasthi Vs Director General of Anti-Profiteering (National Anti-Profiteering Authority) Respondent has denied benefit of ITC to the Applicants as well as the rest 36 purchasers of flats in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and has thus realized more price from them than what he was […]

GST on traditional Kerala snacks & Baked Chips sold under trade / brand name

June 21, 2019 18117 Views 0 comment Print

Peanut candy and Gingelly candy, uniappam, neyyappam, kinnathappam, kalathappam, rice ball (ariyunda) and avil vilayichathu are taxable @5% GST and achappam, kuzhalappam, madakku, pottiappam, thatta / thattavada and murukku are taxable @12% GST if sold under a brand / trade name and @5% otherwise. Baked chips are taxable @12% GST.

Disposalble underpad is taxable @12% GST

June 21, 2019 3531 Views 0 comment Print

The disposable underpad is functionally similar to sanitary towels as both are responsible for absorbing body fluids and keeping the respective body parts dry Therefore, the product is appropriately classifiable under HSN 9619 00 90 – Others.

Full ITC not eligible if payments are netted off against receivables

June 21, 2019 5586 Views 0 comment Print

As per proviso to Section 16(2), the applicant will not be eligible for full input tax credit as they are not paying the full amount to their supplier SML HO as seen in the MOU where payments are netted off against receivables.

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