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Losses cannot be treated as Bogus merely for client code modifications

May 23, 2018 2061 Views 0 comment Print

When purchase and sale of shares were supported by proper Contract Notes, shares were purchased and sold through recognised broker and sale considerations were received by Account Payee Cheques, the transactions could not be treated as bogus and loss on account of client code modifications should be allowed.

R.B. Construction Company not entitled to avail Transitional input tax credit: AAAR

May 16, 2018 2412 Views 0 comment Print

In re Ms. R.B. Construction Company (GST AAAR Gujarat) M/s. R.B. Construction Co.  is not entitled, under sub-sections (3) and (6) of Section 140 of the CGST Act, 2017 and the GGST Act, 2017 to avail input tax credit. In respect of that part of supply made by M/s. R.B. Construction Co., wherein time of […]

Capital contribution by partner in cash- No violation of section 269SS

May 15, 2018 27366 Views 0 comment Print

Where assessee received capital from the partner in cash, it did not tentamount to loan or deposit and therefore, penalty under section 271D was not to be levied for violation of section 269SS.

IBBI (Annual Report) Rules, 2018

May 1, 2018 219 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 942 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 9294 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 2124 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 2829 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 26865 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 8325 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.

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