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e-way bill issues- HC orders release of conveyance of transporter as he was not the real culprit

May 3, 2019 1059 Views 0 comment Print

It appears that instead of tracing out the real culprit, the respondents are seeking the easy way out by penalising the transporter who prima facie does not appear to have doubted the person who engaged it for transport of the goods as an invoice and e-way bill were produced by him, and recovering the tax, penalty and fine from him.

GST – Input Tax Credit And Utilization

May 2, 2019 32982 Views 1 comment Print

The Article on GST- Input Tax Credit and Utilization highlights: (a) Definitions of Input tax credit, Input tax, Input, Input services and Capital Goods. (b) Eligible Input tax credit and illustrative list of expenses (c) Taxes paid on supply of goods or services which are not eligible for input tax credit (d) Conditions to be fulfilled for availing ITC (e) Time frame for availing ITC(f) Manner of utilization of IGST, CGST, SGST/UTGST seperately in view of section 49 and newly inserted sections 49A and 49B of CGST Act, 2017 and rule 88A of CGST Rules, 2017 along with illustrations.

GST collection for April 2019 recorded highest collection

May 2, 2019 2238 Views 0 comment Print

GST Revenue collection for April, 2019 recorded highest collection since GST implementation The total gross GST revenue collected in the month of April, 2019 is Rs 1,13,865 crore of which CGST is Rs. 21,163 crore, SGST is Rs 28,801 crore, IGST is Rs 54,733 crore (including  Rs 23,289 crore collected on imports) and Cess is […]

Disallowance of Interest-free advances made to sister concern

May 2, 2019 3108 Views 1 comment Print

 If the assessee has huge interest free funds including the profit earned by it during the year, which is sufficient to cover the advancement of loan, then no interest could be disallowed under section 36(i)(iii).

No profiteering as no Tax reduction in GST Era on Courier Services

May 2, 2019 1137 Views 0 comment Print

It is evident that there was no reduction in the rate of tax on supply of Courier Service after the implementation of GST, instead there was increase in the rate of tax from 15% in pre-GST regime to 18% in post-GST regime. The fact that the Respondent had increased his base price for providing courier service from Rs. 69.5/- to Rs. 80/- has no relevance in view of the fact that there has been no reduction in the rate of tax nor increased benefit on account of Input Tax Credit was available and hence the provisions of Section 171 of CGST Act, 2017 can not be invoked in this case.

Goods cleared for home consumption do not retain identity of imported goods

May 2, 2019 2709 Views 0 comment Print

Naitik Enterprise Vs Union of India (Gujarat High Court) In terms of sub-section (25) of section 2 of the Customs Act, once the goods are cleared for home consumption, they no longer retain the identity of the imported goods. Under the circumstances, once the goods have been cleared, such goods no longer remain to be […]

TDS not deductible on Payment Gateway Charges paid to Banks

May 1, 2019 33603 Views 0 comment Print

Pr. CIT Vs Make My Trip India Pvt. Ltd. (Delhi High Court) Central Government, by notification dated 31stDecember, 2012 has notified that no TDS shall be made on the following payments to the banks listed in the Second Schedule to the Reserve Bank of India Act: (i) bank guarantee commission; (ii) cash management service charges; […]

CBIC postpones implementation of increased duty on specified imports from USA

May 1, 2019 828 Views 0 comment Print

Seeks to further amend notification No. 50/2017-customs dated 30th June 2017 to postpone the implementation of increased customs duty on specified imports originating in USA from 2nd May, 2019 to 16th May, 2019. MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 1st May, 2019 No. 14/2019-Customs G.S.R. 344(E).—In exercise of the powers conferred by […]

IEPF Authority (Accounting, Audit, Transfer and Refund) Amendment Rules, 2019

May 1, 2019 1866 Views 0 comment Print

Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Amendment Rules, 2019 shall come into force on the date of their publication in the Official Gazette.

GST Applicability on Seed Certification Tags

April 30, 2019 2514 Views 0 comment Print

The matter has been examined. It is seen that the process of seed testing and certification followed in the state of Tamil Nadu, as prescribed in the Seeds Act, 1966 and elaborated in the Manual on Seed Production and Certification, published by Centre for Indian Knowledge Systems, Chennai, involves the following steps:

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