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

June 11, 2018 21942 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 1653 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 1764 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 2187 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 2619 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 27891 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 450 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 1074 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 9714 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 2310 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 […]

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