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Company law not Stipulate any period for completion of Serious Fraud Investigation

March 27, 2019 1857 Views 0 comment Print

SFIO Vs Rahul Modi (Supreme Court of India) 1. Leave granted. 2. These Appeals challenge the correctness of the common interim order dated 20.12.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Crl.) Nos.3842 and 3843 of 2018. 3. In exercise of powers conferred by Section 212(1)(c) of the Companies […]

Income arising out of trading of commodities at unrecognized stock exchange amounts to speculation income

March 26, 2019 1953 Views 0 comment Print

Ms. Edelweiss Capital Ltd. Vs DCIT (ITAT Mumbai) From the record, we found that assessee was carrying out business of commodity trading on un-recognised exchange and also business of trading in shares. Assessee has claimed set off of loss arising out of trading in shares against the income arising out of trading in commodities. The […]

No specific provision requiring assessment U/s. 153A to be made after issuance of notice U/s. 143(2)

March 26, 2019 2400 Views 0 comment Print

Roshan Lal Verma Vs DCIT (ITAT Delhi) In the present case the notice under Section 143(2) was issued to the assessee which is not the mandatory requirement under the provisions of Section 153A of the Act. As per Section 153A, simple notice has to be given to the assessee. Thus, the contention of the Ld. […]

Annual Closing of Govt A/cs- Special RBI Measures for FY 2018-19

March 26, 2019 990 Views 0 comment Print

The Government of India has desired that all government transactions done by agency banks for Financial Year 2018-19 must be accounted for within the same financial year and has requested that, as in previous years, certain special arrangements be made for this purpose.

Transfer of Business as a going concern exempt from levy of GST: AAR

March 26, 2019 20823 Views 3 comments Print

In re Innovative Textile Ltd. (GST AAR Uttarakhand) Whether business transfer agreement as a going concerned on slump sale basis is exempted from the levy of GST in terms of sl. no. 2 of the notification no. 12/2017 central tax (Rate) dated 28-06-2017? From the record we find that the applicant is carrying on the […]

GST Rate on Sell of threshed and re-dried tobacco leaves

March 26, 2019 1140 Views 0 comment Print

What will be the applicable rate of tax if the applicant gets the tobacco leaves threshed and re-dried? 28% (14% SGST +14% CGST) as per SI.No. 13 of Schedule IV Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

GST on tobacco leaves purchased from other dealers who purchased from farmers

March 26, 2019 2454 Views 1 comment Print

What will be the applicable rate of tax if the applicant purchases tobacco leaves from other dealers who have purchased them from farmers, for the purpose of trading? 5% (2.5% SGST + 2.5% CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

Employer/employees/contribution towards PF before due date of filing of return U/s. 139(1) allowable

March 26, 2019 4425 Views 0 comment Print

A.T.E. Pvt. Ltd. Vs ACIT (Bombay High Court) In this case, admittedly, the payments have been made beyond the due date as prescribed in the relevant Act, under which the aforesaid payments have been made. However, it is also undisputed that the payments have been made before the due date for fling the return of […]

GST rate on Sell of tobacco Leaves after grading of the same

March 26, 2019 1344 Views 0 comment Print

What will be the applicable rate of tax if the applicant segregates the tobacco into grades depending upon their size (width), colour /shade, length, texture of the leaf etc., and sells such graded tobacco leaf? 5% (2.5% SGST + 2.5%CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax (Rate) dated 28.06.2017.

GST ITC on Motor Car purchased for Demo purpose

March 26, 2019 7278 Views 0 comment Print

In re M/s. Chowgule Industries Private Limited (GST AAR Goa) Q. Whether ITC on Motor Car purchased for Demo purpose can be availed as credit on capital goods & set off against output tax payable? A. The Input Tax Credit on the Motor Vehicle purchased for demonstration purpose can be availed as Input Tax Credit […]

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