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Section 254(2) Non-consideration of decisions is mistake apparent from law

April 18, 2019 5886 Views 0 comment Print

M/s. Ushodaya Enterprises Private Ltd Vs Addl. CIT (TDS) (ITAT Hyderabad) We have perused the order of the Tribunal and find that in Para 8 of the order, the Tribunal has considered the applicability of sub-section (3) of section 201(1) also to 201(1A) and has clearly held that sub section (3) refers only to an […]

SC refuses to stay HC order Quashing Criminal Proceedings against Chidambaram family

April 18, 2019 984 Views 0 comment Print

Principal CCIT Vs Nalini Chidambaram (Supreme Court of India) Learned counsel for the petitioners prays for interim stay of the judgment of the High Court on the ground that the said judgment may be acted upon in other similar cases. While, we decline the prayer for stay, as the same would amount to grant of […]

Breaded Cheese classifiable under Heading 0406; 12% GST applicable

April 18, 2019 1323 Views 0 comment Print

In re Savencia Fromage & dairy Pvt. Ltd. (GST AAAR Uttar Pradesh) Under a residuary entry only such goods are covered which cannot be brought under the various specific entries in the tariff. In other words unless the Department can establish that the goods in question can by no conceivable process of reasoning be brought […]

Global Risks and Policy Challenges facing Emerging Market Economies

April 18, 2019 798 Views 0 comment Print

The biggest risk facing these economies is the growing evidence that global growth and trade is weakening. Unsettled trade tensions and developments around Brexit are imparting further downside risks to the outlook. There is considerable uncertainty as to whether this weakness is temporary or the beginning of a recession in advanced economies.

Circular Trading / Fraudulent ITC Claim- HC denies Bail

April 18, 2019 7173 Views 0 comment Print

P.V. Ramana Reddy S/o. P. Shankar Reddy Vs Union of India (Telangana High Court) High Court held that without going deep, that the petitioners have allegedly involved in circular trading with a turnover on paper to the tune of about Rs.1,289.00 crores and a benefit of ITC to the tune of Rs.225.00 crores. The GST […]

HC allows set off of ITC received from Construction against GST Payable on Rent

April 17, 2019 105012 Views 1 comment Print

Safari Retreats Private Limited Vs Chief Commissioner of Central Goods & Service tax (Orissa High Court) The case of the petitioners is that the petitioners are mainly carrying on business activity of constructing shopping malls for the purpose of letting out of the same to numerous tenants and lessees. Huge quantities of materials and other […]

Time of Supply Under GST of Goods & Services

April 17, 2019 10275 Views 0 comment Print

Typically, the liability to pay tax on supply of goods and services arises under GST law at the time of supply which is to be determined in accordance with the provisions of Section 12, 13 and 14 of the Central Goods and Service Tax Act, 2017.

IBBI suspends registration of IP for two years

April 17, 2019 1290 Views 0 comment Print

(i) The registration of Mr. Sanjay Ruia as an Insolvency Professional, having Registration No. IBBI/IPA-00 1/IP-P00353/20 17-2018/10654, shall be suspended for two years; (ii) Ruia shall not seek or accept any process or assignment or render any services under the Code during the period of suspension. He shall, however, continue to conduct and complete the assignments / processes he has in hand as on date of this order; and

CIT(A) cannot permit an assessee to withdraw an appeal or dismiss it in limine

April 16, 2019 14148 Views 0 comment Print

Ms Deekay Gears Vs ACIT (ITAT Mumbai) Undisputedly, in the course of proceedings before the first appellate authority the assessee had filed letter dated 19thSeptember 2017, seeking withdrawal of the appeal. Taking note of the said letter, learned Commissioner (Appeals) dismissed assessee’s appeal in limine without deciding it on merit. Therefore, the issue which arises […]

Viability of State’s Power in Augmenting Limits of Professional Tax in India

April 16, 2019 2037 Views 0 comment Print

Not at all like the name proposes, the term Professional tax does not denote its true meaning. It is a kind of tax which is not just levied on the professionals but a tax levied on wide range of callings, trade and businesses and is collected dependent on the pay of such calling, trade and businesses.

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