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Cenvat credit on Tour Operator Service used for pick-up & drop of employees

January 8, 2020 1509 Views 0 comment Print

The issue involved in the matter is whether the Cenvat credit of service tax paid on ‘Tour Operator Service’ used for pick-up and drop of employees of the Appellant to and fro Andheri and Kurla to their office premises is admissible as ‘input service’ under Rule 2(l) of Cenvat Credit Rules, 2004.

Exchange when goods are supplied within India and billing is to be done in foreign currency

January 8, 2020 38502 Views 0 comment Print

In case where goods are supplied within India and billing is to be done in foreign currency, which exchange rate to be applied rate prescribed for export of goods or for import of goods?

Non-Availability of PAN of Deductee is not valid excuse for not filing TDS Return

January 8, 2020 4050 Views 0 comment Print

The assessee cannot escape himself for non-filing quarterly TDS merely stating that the PAN of the employees are not available. The penalty is provided in the Income Tax provisions u/s.272A(2)(k) of the Act is mandatory in nature except in case of reasonable cause proved by the assessee, which is lack in this case.

Import policy of Refined bleached deodorised palm oil/palmolein amended

January 8, 2020 1350 Views 0 comment Print

Import policy of items under Exim code 151190 (Refined bleached deodorised palm oil, Refined bleached deodorised palmolein and others) is amended from ‘Free’ to ‘Restricted’. Notification No. 39/2015-2020 Dated: 8th January, 2020 Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Notification No. 39/2015-2020 New Delhi, Dated: 8th […]

Compile and share various favourable Court orders pertaining to GST

January 7, 2020 1521 Views 0 comment Print

The undersigned has been directed to state that the petitions against various provisions of GST are being filed throughout the country, and hence it becomes imperative that any order/judgment in favour of Revenue may be disseminated to the field so that same may be considered while filing any affidavit before the Hon’ble Courts.

Fabrication of body building on Tippers, Trailers classifiable under SAC 998881

January 7, 2020 6165 Views 0 comment Print

The activity of fabrication of body building on Tippers, Trailers etc., merits classification under SAC 998881, under ‘Motor vehicle and trailer manufacturing services’, in terms of Sl.No. 535 of Annexure to Notification No. 11/ 2017-Central Tax (Rate) dated 28.06.2017.

Service cannot be termed as Franchise Service for mere user of word ‘Principle to Principle’ in agreement,

January 7, 2020 885 Views 0 comment Print

Easy Bill Ltd. Vs CCE (CESTAT Delhi) Section 9.1 thought talks about the agreement to be on principle to principle basis as impressed upon by learned DR but perusal of this section reveals the subsequent portion explains that word principle to principle mean that the agreement is not intended to constitute a partnership, joint venture […]

Home loan interest can be included in cost in Capital Gain Computation

January 6, 2020 42780 Views 1 comment Print

Assessee is entitled to include interest in the capital cost while computing capital gains U/s 48 of the Act. Judicial discipline requires us to follow the order of a co‑ordinate bench.

IBBI (Liquidation Process) (Amendment) Regulations, 2020

January 6, 2020 2142 Views 0 comment Print

Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020 clarifies that a person, who is not eligible under the Code to submit a resolution plan for insolvency resolution of the corporate debtor, shall not be a party in any manner to a compromise or arrangement of the corporate debtor under section 230 of the Companies Act, 2013.

Interest cannot be levied on Gross GST Liability before adjusting ITC: Madras HC

January 6, 2020 61797 Views 7 comments Print

According to the petitioners, Section 50 that provides for levy of interest on belated payments would apply only to payments of tax by cash, belatedly, and would not stand triggered in the case of available ITC, since such ITC represents credit due to an assessee by the Department held as such.

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