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Commissioner only can extend time to file revised Form GST TRAN-1: HC

May 27, 2019 846 Views 0 comment Print

As per Rule 120A of the CGST Rules, 2017 application for extending the time period for submitting the revised FORM GST TRAN-1 electronically has to be extended by the Commissioner and not by any other subordinate authority.

No Service tax on Transferrable development right: CESTAT Chandigarh

May 26, 2019 15528 Views 0 comment Print

DLF Commercial Projects Corporations Vs Commissioner of Service Tax (CESTAT Chandigarh) CESTAT held that Transferrable development right is immovable property, therefore, the transfer of development rights in the case in hand is termed as immovable property in terms of Section 3 (26) of General Clauses Act, 1897 and no service tax is payable as per […]

Kerala Flood Cess Rules, 2019

May 25, 2019 17568 Views 1 comment Print

Kerala Flood Cess shall be levied on intra-state supplies of goods or services or both made by a taxable person to an unregistered person in respect of supplies specified in the TABLE under sub-clause (2) of clause 14 of the Kerala. Finance Bill, 2019:

Kerala imposes Kerala Flood Cess with effect from 1st June 2019

May 25, 2019 14127 Views 3 comments Print

Government of Kerala hereby appoint the 1st day of June, 2019 as the date with effect from which the cess under the said clause shall be levied and collected.

Section 148 notice without Approval of Competent Authority is invalid

May 25, 2019 2367 Views 0 comment Print

ITO Vs Kuber Fertilizers Pvt. Ltd. (ITAT Delhi) There is no dispute that the notice u/s 148 was issued to the assessee in respect of assessment years, beyond the period of four years from the end of the relevant assessment years as contemplated under the proviso to sub section (1) of Section 151 of the […]

Software purchased across the counter as shrink proof software is not akin to royalty

May 25, 2019 1053 Views 0 comment Print

It was held that where the software is purchased across the counter as shrink proof software, then it is not akin to royalty both under the Income Tax Act or the DTAA. The Tribunal held that since the definition of ‘royalty’ has not been amended under DTAA,

GST: Vehicle cannot be detained if No Tax Evasion and Valid documents

May 24, 2019 2220 Views 0 comment Print

Avtar Trading Co. Vs State of U.P. (Allahabad High Court) Learned counsel for the petitioners submits that the opposite parties in most arbitrary and illegal manner have detained the vehicle as well as the goods. There is no contravention of the provisions and there is no evasion of tax. The driver of the vehicle was […]

NAA dismisses complain against builder filed mistakenly

May 24, 2019 1308 Views 0 comment Print

M/s. Hermeet Kaur Bakshi Vs M/s Conscient Infrastructure Pvt Ltd. (National Anti-Profiteering Authority) The main allegation of the above Applicant was that GST @12% was charged instead of 8%. However as noticed from the demand letter dated 16.04.2018 which the above Applicant had quoted the total value was shown as Rs. 3,21,124/- and the taxable […]

Guidelines for launching of Prosecution in relation to Custom offences

May 24, 2019 2805 Views 0 comment Print

Customs regarding Guidelines for launching of Prosecution in relation to offences punishable under the Customs Act, 1962–foreign currency, foreign nationals. Circular No. 12/2019-Customs Dated- 24/05/2019

Sub-contractor liable to pay service tax even though on entire consideration service tax is paid by main contractor

May 24, 2019 32577 Views 0 comment Print

A sub-contractor would be liable to pay Service Tax even if the main contractor has discharged Service Tax liability on the activity undertaken by the sub-contractor in pursuance of the contract

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