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IBBI (Annual Report) Rules, 2018

May 1, 2018 192 Views 0 comment Print

(1) These rules may be called the Insolvency and Bankruptcy Board of India (Annual Report) Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette.

Dross and Skimming were nonferrous metal; Excise duty not payable

April 23, 2018 909 Views 0 comment Print

C.C.E. & S.T. Vs Hindalco Industries Limited (CESTAT Ahmedabad) Dross and Skimming were nonferrous metal for any such by-product or waste which are non-excisable goods and are cleared for a consideration from the factory need to be treated like exempted goods for the purpose of reversal of credit of input or input service in terms […]

TDS U/s. 194C not deductible on Reimbursement of haulage charges paid by C & F agents

April 18, 2018 9012 Views 0 comment Print

ACIT Vs Swastik Pipes Ltd. (ITAT Delhi) The assessee produced documentary evidences in support of its contention which had not been rebutted by AO and since impugned payments were in the form of reimbursement and no payments were made by assessee directly to shipping companies, therefore, assessee was not liable to deduct tax under section […]

Penalty by State for e-way bill without any Authority to issue e-way bill not sustainable

April 13, 2018 2046 Views 0 comment Print

Satyendra Goods Transport Corp. Vs State of U.P. & ors. (Allahabad High Court) It has been held that on the relevant date i.e. 4 Dec. 2017 when the vehicle in question was intercepted, the ‘Government’ referred in Rule 138 of the C.G.S.T. Rules 2017, which was the Central Government, had not developed and approved any […]

Validity of Addition based on statement retracted later on by assessee

April 12, 2018 2787 Views 0 comment Print

Once the assessee retracts from the statement given during survey under section 133A then it is the duty of AO to establish beyond any doubt the issues on which the addition in income needs to be made and no addition can be sustained only on the basis of such statement recorded during the survey.

5% GST payable on Royalty to Govt for right to use minerals

April 12, 2018 26511 Views 0 comment Print

In re Pioneer Partners (GST AAR Haryana) The services for the right to use minerals including its exploration and evaluation, as per Sr. No. 257 of the annexure appended to notification no. 11/2017-CT (Rate), dated 28.06.2017 is included in group 99733 under heading 9973. The royalty/dead rent paid/payable to the Government by the applicant is […]

GST on ancillary services (Transfer / Extension / Conversion fees etc.)

April 5, 2018 8052 Views 0 comment Print

Whether the following ancillary services provided are exempt from GST • Transfer Fees – Fees charged for the purpose of transfer of Industrial Plot from one person to another. • Extension Fees – Fees charged for delay in the commencement’ of construction and production. • Conversion Fees – Fees charged for the conversion of leasehold plot into freehold.

Classification under Central Excise Tariff needs to be made after perusing basic technical specifications of vehicles

March 28, 2018 1629 Views 0 comment Print

Man Trucks India Pvt. Ltd. Vs CCE (CESTAT Delhi) After perusing the catalogue of the vehicle, it is fairly obvious that such vehicles manufactured by the appellant are meant to carry loads and capable of off-loading but the same are not machines exclusively meant for off-road use. We have also perused the clarification obtained by […]

TDS U/s. 195 not deductible on Payment of commission to non-resident if No operations of foreign agent carried on in India

February 28, 2018 5577 Views 0 comment Print

Bengal Tea & Fabrics Ltd. Vs Dy. CIT (ITAT Kolkata) ITAT held that when no business operations of commission agent were carried on in India, commission earned by them would be outside the ambit of income ‘deemed to accrue or arise in India’ for the purpose of section 5(2)(b) read with section 9(1)(i) of Income […]

Unsigned reason cannot be treated as reasons recorded

February 28, 2018 1659 Views 0 comment Print

Where AO typed the reasons but not signed the order sheet, there were no reasons recorded for re-opening assessment as required under section 148, therefore, notice issued under section 148 was bad in law, consequently reassessment order was to be annulled.

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