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AAR cannot decide on issue of validity of certificates used by end-users of subject products

January 17, 2020 1194 Views 0 comment Print

Section 97(2), which encompasses the questions, for the ruling by this Authority does not deal with the issue of validity of certificates used by end-users of subject products. Hence, it is held that this authority does not have jurisdiction to pass any ruling on such matters.

Guidelines for rights issue of units by a listed InvIT

January 17, 2020 2286 Views 0 comment Print

Regulation 2(1)(zw) of Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014 (InvIT Regulations), defines a rights issue as an offer of units by a listed InvIT to the unitholders of the InvIT as on the record date fixed for the said purpose. This circular details the guidelines in respect of a rights […]

Sri Satya Sai Water Supply Project Board is not a Govt entity: AAR

January 17, 2020 1818 Views 0 comment Print

In re Sri Satya Sai Water Supply Project Board (GST AAR Andhra Pradesh) 1. Whether the applicant qualifies as a ‘Governmental Authority’ under the Act and whether the services availed by it are exempt from the GST by virtue of Entry 3 in Notification 12/2017 (Rate), dt: 28.06.2017? The applicant is constituted by the Government […]

Interest expense having direct nexus with interest income is allowable

January 16, 2020 2160 Views 0 comment Print

DCIT Vs Asian Infra Projects Private Limited (ITAT Mumbai) It is quite evident that the business of the assessee was already set-up since the assessee had already reflected income from real estate business during AY 2008-09. The perusal of assessee’s financial statements for year under consideration would show that the assessee has obtained unsecured loans […]

SCN issued invoking Section 73 is not tenable if no willful mis-statement or suppression of facts by taxpayer

January 16, 2020 6138 Views 0 comment Print

Linde Engineering India Pvt. Ltd. & Ors. Vs Union of India (Gujarat High Court) Rule 6A of the Service Tax Rules, 1994 provides that services rendered would be treated as ‘Export of services’ when clause (a) to clause (d) refers to provider of service is located in the taxable territory and recipient of service is […]

Exchanges can launch ‘Option in Goods’ in commodity derivatives segment

January 16, 2020 708 Views 0 comment Print

Stock Exchanges are now permitted to launch ‘Option in Goods’ in their commodity derivatives segment. This is in addition to ‘Options on commodity futures’, guidelines which were issued vide SEBI circular SEBI/HO/CDMRD/DMP/CIR/P/2017/55 dated June 13, 2017.

GST exempt on Rural Electrification work falling under article 243G

January 16, 2020 4509 Views 0 comment Print

The work entrusted to the applicant as mentioned above is covered under the article 243G of the constitution as the function entrusted to the Panchayat i.e., Rural Electrification including distribution of Electricity. However, the applicant work is not covered under Article 243W of the constitution as the function entrusted to the municipality.

TDS and Tax on Salary | Section 192 | FY 2019-20 | AY 2020-21

January 16, 2020 107568 Views 8 comments Print

CBDT has released Circular No. 4/2020 which explains provisions related to TDS on Salary under Section 192 of Income Tax Act, 1961 applicable for A.Y. 2020-21 or F.Y. 2019-20. Circular also explains taxation of different components of Salary, Tax Treatment of Allowances, Perquisites, Retirement benefits etc. Circular No. 04/2020-Income Tax F.No. 275/192/2019-IT(B) Government of India […]

AAR not maintainable as applicant has not undertaken supply in subject case

January 15, 2020 942 Views 0 comment Print

Section 95 allows this authority to decide the matter in respect of supply of goods or services or both, undertaken or proposed to be undertaken by the applicant. We find that the applicant has not undertaken the supply in the subject case. In fact, the applicant is a recipient of property in subject transaction.

18% GST on Restaurant services at a place where Room Tariff is Rs. 7500 & above

January 15, 2020 9732 Views 0 comment Print

In re Kutting Fusion Hospitality LLP (GST AAR Maharashtra) As per Sr. No. 7(iii) of Notification No. 11/2017-CT(Rate) dated 28.06.2017. as amended, supply of food or drinks in a restaurant for consumption within the restaurant premises or away from the restaurant premises, where the restaurant is located in the premises of hotels, inns, guest houses, […]

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