Mahnoo Khan Vs ITO (ITAT Jodhpur) In the present case it is noticed that the Ld. CIT(A) dismissed the appeal in limine and had not condoned the delay. He mentioned that there was delay of 740 days in filing the appeal, however, the claim of the assessee is that the delay is of 217 days. […]
Electricity has all the necessary trappings of ‘articles’ or ‘things’ and the benefit of additional depreciation cannot be denied. As held by the Constitution Bench, electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property.
Indo-UK DTAA must be read as forming part of Indo-Spain DTAA as well and, therefore, the payment made by the assessee to the Spanish company for fabric testing would not constitute fee for technical services and consequently, section 195 of the Act has no application to such a receipt.
In re GGL Hotel and Resort Company Ltd. (GST AAAR West Bengal) Whether ITC is admissible on lease rental paid for the pre-operative period for the land on which a hotel is being constructed The Appellant acquired land from the WBHIDCL on lease paying an upfront amount as premium and a yearly lease rental @10% […]
It appears that instead of tracing out the real culprit, the respondents are seeking the easy way out by penalising the transporter who prima facie does not appear to have doubted the person who engaged it for transport of the goods as an invoice and e-way bill were produced by him, and recovering the tax, penalty and fine from him.
The Article on GST- Input Tax Credit and Utilization highlights: (a) Definitions of Input tax credit, Input tax, Input, Input services and Capital Goods. (b) Eligible Input tax credit and illustrative list of expenses (c) Taxes paid on supply of goods or services which are not eligible for input tax credit (d) Conditions to be fulfilled for availing ITC (e) Time frame for availing ITC(f) Manner of utilization of IGST, CGST, SGST/UTGST seperately in view of section 49 and newly inserted sections 49A and 49B of CGST Act, 2017 and rule 88A of CGST Rules, 2017 along with illustrations.
GST Revenue collection for April, 2019 recorded highest collection since GST implementation The total gross GST revenue collected in the month of April, 2019 is Rs 1,13,865 crore of which CGST is Rs. 21,163 crore, SGST is Rs 28,801 crore, IGST is Rs 54,733 crore (including Rs 23,289 crore collected on imports) and Cess is […]
If the assessee has huge interest free funds including the profit earned by it during the year, which is sufficient to cover the advancement of loan, then no interest could be disallowed under section 36(i)(iii).
It is evident that there was no reduction in the rate of tax on supply of Courier Service after the implementation of GST, instead there was increase in the rate of tax from 15% in pre-GST regime to 18% in post-GST regime. The fact that the Respondent had increased his base price for providing courier service from Rs. 69.5/- to Rs. 80/- has no relevance in view of the fact that there has been no reduction in the rate of tax nor increased benefit on account of Input Tax Credit was available and hence the provisions of Section 171 of CGST Act, 2017 can not be invoked in this case.
Naitik Enterprise Vs Union of India (Gujarat High Court) In terms of sub-section (25) of section 2 of the Customs Act, once the goods are cleared for home consumption, they no longer retain the identity of the imported goods. Under the circumstances, once the goods have been cleared, such goods no longer remain to be […]
