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AO cannot treat commodity losses as bogus merely because broker was expelled from commodity exchange

June 19, 2018 1947 Views 0 comment Print

Principal CIT Vs Ms Blb Cables And Conductors Pvt. Ltd. (Calcutta High Court) Assessee has incurred losses from the off market commodity transactions and the AO held such loss as bogus and inadmissible in the eyes of the law. The same loss was also confirmed by the ld. CIT(A). However we find that all the […]

HC orders release of detained goods on Compliance with GST Rule 140(1)

June 11, 2018 930 Views 0 comment Print

It is seen that an identical matter has been disposed of by a Division Bench of this Court in W.A. No. 1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of rule 140(1) of the Kerala Goods and Services Tax Rules, 2017.

No GST on supply of Cold storage services for Agriculture Produce: AAAR

June 11, 2018 21633 Views 0 comment Print

In re Sardar Mal Cold Storage & Ice Factory (GST AAAR Rajasthan) The Appellant had submitted a list of various products categorised from Group A to Group C and the process done on those agriculture commodities before they come into cold storage in order to seek advance ruling that whether the goods which comes for […]

Exemption U/s. 54F allowed for Investment in purchase of Villa routed through mutual funds

June 6, 2018 1440 Views 0 comment Print

ACIT Vs Shri. Sunil Bandacharya Joshi (ITAT Bengaluru) In the present case, the capital asset was sold on 26.02.2011. The capital asset was purchased on 31.03.2011 and before the purchase of the capital asset the amount was deposited in mutual funds. Therefore in the considered opinion of the bench, before the date of filing of […]

ITC of GST on Mahua/Rice Bran Oil cake used in manufacture of solvent extracted oil partially allowable

May 25, 2018 1524 Views 0 comment Print

In Re Khanelwal Extractions Ltd (GST AAR Uttar Pradesh) a) Whether Mahua De-oiled cake/ De-oiled Rice Bran being used as an ingredient of Cattle Feed, Poultry Feed and other animal feeds and is ‘Waste generated’ during the Solvent Extraction process? Ans. – Mahua De-oiled cake/ De-oiled Rice Bran is a by-product occurred during the Solvent […]

Losses cannot be treated as Bogus merely for client code modifications

May 23, 2018 2067 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 2430 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 27411 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 […]

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