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Entry Tax on Unmanufactured Tobacco in ‘Sealed Container’ is Justified: HC

October 22, 2019 1386 Views 0 comment Print

HC held that The Notification impugned dated 1.10.2013 issued by the Government of Karnataka insofar it relates to the amendment made to the Notification dated 30.3.2002 for insertion of sub-item [ii] in Serial No.[5], specifying unmanufactured tobacco in ‘sealed container’ for levy of Entry Tax at 5% with effect from 02.10.2013 cannot be held to be unjustifiable and is accordingly upheld.

Mis-declaration of imported goods under ‘Others’ category of ITC (HS) 2017

October 22, 2019 2430 Views 0 comment Print

Members of the trade and industry are hereby advised to be careful while mentioning HS Codes in the Bill of Entry, in case of imports and Shipping Bills in case of exports, and indicate the specific HS codes of items at 8 digit where they exist, instead of using the ‘Others’ category in a loose and inaccurate manner Any wilful mis-declaration of HS Codes will be duly dealt with under Foreign Trade (Development & Regulation) Act, 1992.

SC set aside Delhi HC order restraining I-T dept from taking action Gautam Khaitan

October 21, 2019 765 Views 0 comment Print

Union of India and Ors. Vs Gautam Khaitan (Supreme Court) Scheme of the Black Money Act is to provide stringent measures for curbing the menace of black money. Various offences have been defined and stringent punishments have also been provided. However, the scheme of the Black Money Act also provided one time opportunity to make […]

No service tax on surrender charges deducted from ULIP fund

October 21, 2019 2169 Views 0 comment Print

Max Life Insurance Co. India Ltd. Vs. Commissioner Central Excise and Service Tax (CESTAT Delhi) CESTAT Delhi has held that service tax was not payable on surrender charges deducted from the fund value of policy holder on pre-mature withdrawal, as it was not for asset management but a penalty. The Tribunal, considering clarification by CBEC […]

Whether supply of stores in foreign going vessels is export under GST

October 21, 2019 10527 Views 0 comment Print

The Applicant’s supply of stores to foreign going vessels, as defined under section 2(21) of the Customs Act, 1962 Act, is not export or zero-rated supply, unless it is marked specifically for a location outside India. The Applicant is, therefore, liable to pay tax on such supplies under the GST Act or the IGST Act, as the case may be.

TDS under GST on supply of solid waste conservancy service to a municipality

October 21, 2019 1203 Views 0 comment Print

In re M/s Singh Transporl Agency (GST AAR West Bengal) Whether TDS is deductible on supply of solid waste conservancy service to a municipality under GST? The Applicant’s supply to the Howrah Municipal Corporation, as described in para 3.5, is exempt from the payment of GST under SI No. 3 of Notification No. 12/2017 – […]

Whether co-owners of a jointly held property are liable to pay tax as AOP

October 21, 2019 7305 Views 0 comment Print

In re Sri Rabi Sankar Tah (GST AAR West Bengal) Whether co-owners of a jointly held property are liable to pay tax as an association of persons (AOP)? The Applicant and the other two co-owners cannot be treated as an association of persons and, therefore, as a person defined under section 2(84)(f) of the GST […]

Special Drive for Cancellation of GST Registration of Return Defaulters

October 21, 2019 2694 Views 0 comment Print

SGST Dept. – Goods and Service Tax – Action against Return Defaulters – Special Drive for Cancellation of Registration of Return Defaulters -instructions issued- In the interest of revenue, registration of all the return defaulters who had failed to file returns has to be cancelled to ensure that the non-filing of return will not cost the exchequer.

Builder found guilty of Profiteering, Not passed ITC benefit Fully to Buyers

October 21, 2019 2172 Views 0 comment Print

Haryana State Screening Committee on Anti-profiteering examined the aforesaid application in its meeting held on 20.06.2018 and observed that the burden of tax had reduced in the GST era due to increased availability of input tax credit, which the builder should have passed on to the recipients in terms of Section 171 of the Central Goods and Services Tax Act, 2017.

CBDT notifies IDFC Infrastructure Finance Limited as infrastructure debt fund U/s. 10(47)

October 21, 2019 2043 Views 0 comment Print

Central Government notifies IDFC Infrastructure Finance Limited as an infrastructure debt fund for the assessment year 2020-21 and subsequent assessment years vide Notification No. 83/2019-Income Tax dated 21st October, 2019. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 83/2019-Income Tax New Delhi, the 21st October, 2019 S.O. 3771(E).—In exercise of […]

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