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Payment for delayed allotment of plot of land cannot be construed as ‘interest’

August 9, 2018 7473 Views 0 comment Print

The issue which falls for decision therefore is whether payment for delayed allotment of a plot of land by the Housing Board to an allottee will fall under the definition of ‘interest’ under section 2 (28A) of the Act.

Admissibility of ITC- AAR allowed withdrawal of Application

August 2, 2018 906 Views 0 comment Print

In re The KCP Cements Limited (GST AAR Andhra Pradesh) Issues Under Consideration 1. Admissibility of Input Tax Credit of tax paid on inputs/ input services 2. Used in manufacturing cement  which is in turn used for setting up a Silo, and other bought out items used for setting up a Silo. 3. Classification of […]

Penalty U/s. 271AAB justified on return filed after issue of notice U/s. 142(1)

July 23, 2018 3417 Views 0 comment Print

Sonal Steels Trading Pvt. Ltd Vs ACIT (ITAT Chennai) Here admittedly, assessee was not maintaining any books. There was thus no question of recording any money, bullion, jewellery or any entry in any books. It is not disputed that assessee had not disclosed any receipts from bill trading before the date of search to the […]

Meat supply in HDPE gunny bags cannot be treated as supply in unit containers

July 16, 2018 1293 Views 1 comment Print

In re M.U.N. Agro Industry Pvt. Ltd. (GST AAR Maharastra) Frozen meat of sheep / goat in HDPE gunny bag which do not indicate any information related to weight / number of carcass packed in such bags would tantamount to being as a product not put up in unit container and thus falls under chapter […]

HC on uploading Form GST TRAN-1 to take credit of Transitional ITC

July 16, 2018 741 Views 0 comment Print

Schwing Stetter India Ptd. Ltd. Vs Commissioner of GST & Central Excise (Madras High Court) The sum and substance of the prayer of the petitioners is that they are unable to upload Form GST TRAN-1 to take credit of the Input Tax /Service Tax/Central Excise Duty availed by them at the time of migration within […]

No tax on Foreign allowances received for service rendered outside India through TCC

July 11, 2018 5682 Views 0 comment Print

Where assessee, a non-resident, had received foreign allowances outside India for the services rendered in Netherlands, the foreign allowances received by assessee were not liable to tax under section 5(2).

Input tax credit on hiring of buses / Cars for transportation of employees

July 11, 2018 44925 Views 0 comment Print

In re YKK India Private Limited (GST AAR Haryana) 1. The applicant is not eligible to take input tax credit on:- a. GST charged by the Contractor for hiring of buses for transportation of employees. b. GST charged by the Contractor for hiring of cars for transportation of employees? 2. The restriction on ‘Rent a Cab’ […]

GST on Back office support services to overseas companies

July 7, 2018 9912 Views 0 comment Print

In re Vservglobal Private Limited (GST AAR Maharastra) The applicant is registered person under GST ACT who is supplier of Services, which is a corporate entity incorporated in India and having its registered office in Mumbai. The orders for supply of said services are received in its Mumbai office and also services are executed from […]

Exemption U/s. 11 can be denied for Advances given to unregistered trusts in violation of Section 13

July 4, 2018 4137 Views 0 comment Print

Where assessee registered under section 12AA had given advances to unregistered trusts, then it could be held guilty for violation of provisions of section 13 and consequently be denied exemption under section 11, if it was established that the president of the recipient trusts was having substantial interest in such trusts.

Bogus capital gains: LTCG on sale of shares via recognised stock exchange

July 4, 2018 2193 Views 0 comment Print

Rajesh Singhvi and Sons (HUF) Vs ITO (ITAT Chennai) Claim of the assessee for exemption u/s.10(38) of the Act, on alleged long term capital gains arising on sale of shares of M/s.Cresanda Commercial Solutions Ltd and M/s. Surabhi Chem & Investment Ltd were disallowed by the ld. Assessing Officer considering these to be penny stock companies […]

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