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ITAT should not remand an issue to TPO which can be considered at its end

January 3, 2019 2229 Views 0 comment Print

Sony Pictures Networks India appeal: By not dealing with an issue which is otherwise ripe for consideration and instead remanding to the TPO, the Tribunal ensures further litigation and continued uncertainty for both the Revenue and the assessee, non-consideration of the basic submission made at the hearing as recorded, is clearly a mistake apparent from the record

Presumptive inference provided by Informant cannot be basis for forming a prima facie opinion

January 3, 2019 579 Views 0 comment Print

Ravi Pal Vs All India Sugar Trade Association (AISTA) (CCI) After appreciation of the allegations of the Informant and documents submitted including the oral submissions made by the Informant, the Commission is of the view that no evidence has been provided by the Informant to show that there was any meeting of minds between the […]

Cabinet approves first-ever three way merger in Indian Banking

January 2, 2019 573 Views 0 comment Print

Cabinet approves first-ever three way merger in Indian Banking with amalgamation of Vijaya, Dena and Bank of Baroda The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the scheme of amalgamation for amalgamating Bank of Baroda, Vijaya Bank and Dena Bank, with Bank of Baroda as the transferee bank and Vijaya Bank […]

Abacus Maths not qualify for exemption from payment of GST: AAAR

January 2, 2019 1743 Views 0 comment Print

In re Ms. Omnisoft Technologies Private Limited (GST AAAR Gujarat) Gujarat Appellate Authority confirms the Advance Ruling given by Gujarat advance ruling authority and rejects the appeal filed by M/S Omnisoft Technology Pvt ltd. The activity provided by UCMAS using abacus does not qualify for exemption from the payment of goods and services tax. Also […]

Maruti Case: No reduction in GST Rate- Section 171 not attracted

January 2, 2019 2274 Views 0 comment Print

M/s Maruti Suzuki India Ltd. Vs Director General Anti-Profiteering Central Board of Indirect Tax (National Anti-Profiteering Authority) We have carefully considered the DGAP’s Report and the documents placed on record to examine whether there was any reduction in the rate of tax during the implementation of the GST and whether the benefit of reduction in […]

Transfer and posting of the officers in the grade of JCIT / Additional CIT

January 2, 2019 1959 Views 0 comment Print

Office Order No. 03 of 2019 The following transfer/postings of the officers in the grade of Joint Commissioner/Additional Commissioner of Income Tax. are hereby ordered with immediate effect and until further orders:

Penalty justified for Deliberate non-disclosure of income

January 1, 2019 3072 Views 0 comment Print

Smt Joyti Sunil Maniyar Vs ITO (ITAT Ahmedabad) In the notice issued u/s 142(1) dated 11.10.2011 a specific query was raised by the AO about the capital gain income. After that, the assessee vide reply dated 22.11.2011 conceded the fact of non-disclosing the capital gain income. From the above, it is transpired that the assessee […]

Benefit of reduced GST rate not available to Evacuated Tube Collector

December 31, 2018 2082 Views 0 comment Print

The product Evacuated Tube Collector (ETC) though falls under Chapter 84 heading 19 but is not covered under SL.No.234 of Schedule-I of the Notification 01/2017-Integrated Tax(Rate) dated 28.06.2017, effective from 01.07.2017, & hence not entitled for concessional rate of 5% IGST.

Disallowance of Interest -Alleged conversion of shares held as opening stock to investments 

December 31, 2018 888 Views 0 comment Print

Where AO had made addition of proportionate interest paid on borrowed funds on the allegation that assessee dealing in share-trading had converted its opening stock of shares to investments, the matter was remanded back to AO to determine the actual date of conversion of shares before computing any disallowance.

GST on installation of Energy Efficient dimmable LED Street lights

December 29, 2018 6633 Views 0 comment Print

We find that ‘LED Lights or Fixtures including LED Lamps’ are covered under the Sub-Heading 9405 40 90 of the GST Tariff, 2017 which are taxable @ 12% (6% each of CGST and SGST).

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