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GST: HC Set Aside Order of Provisional Attachment of Bank A/c & Directs to De-freeze

July 27, 2020 2076 Views 0 comment Print

The HC held that the impugned provisional attachment of the Petitioner’s bank account was in vogue till 27.05.2020. The communication/order dated 28.05.2019 ceased to operate with the effect from 27.05.2020. Respondent Nos.1 and 2 were directed to de- freeze the Petitioners’ bank account.

CESTAT set aside demand on Mobilization advance which was not consistent with law

July 23, 2020 2172 Views 0 comment Print

Gammon India Ltd Vs CST (CESTAT Mumbai) The Mumbai CESTAT, in Gammon India Ltd Vs. CST held that demand on Mobilization advance is not consistent with law and deserves to be set aside. Proviso to Section 2(31) of the CGST Act 2017 provides that deposits shall not be considered as payment made unless the supplier applies […]

No ruling on classification of Flavoured Milk as same issue was pending with revenue

July 17, 2020 984 Views 0 comment Print

In re Heritage foods limited (GST AAR Andhra Pradesh) What is the appropriate chapter under the customs Tariff Act, 1975 (51 of 1975) under which the product ‘Flavoured Milk’ can be classified as per the explanation (iv) of the Notification No.1/2017 – Central Tax (Rate) dated 28 June 2017? AAR held that it is a […]

AO cannot tax Capital gain of earlier year in subsequent Year

July 8, 2020 621 Views 0 comment Print

Where assessee had received entire consideration and possession of the property was also handed over in the assessment year 2004-05, he would be exigible towards capital gain tax only for the assessment year 2004-05 and not for the assessment year 2007-08 when proper sale deed was executed and registered. Just because capital gain accrued to assessee has escaped tax in assessment year 2004-05, the same cannot be brought to tax subsequently in assessment year 2007-08, therefore, AO was directed to delete the addition made.

AAR explains conditions for charge of 0% GST on Sale of Paneer

July 3, 2020 2499 Views 0 comment Print

In re Jain Dairy Products Pvt. Ltd. (GST AAR Gujarat) Question-1: Whether the benefit of exemption of GST at 0% is applicable for the invoices raised to the end use users in case of selling of paneer in loose form without sealing of packet / in loose carry bags and bearing details like name of […]

AAR explains Classification of Zip Roll, Finished Zippers & Sliders for GST

July 3, 2020 1818 Views 0 comment Print

In re Bhaveen Ramesh Shah Proprietor of M/s The Roll Company (GST AAR Gujarat) Question: What is the Classification as per HSN and rate of tax in terms of the Notification No.01/2017-Central Tax (Rate) dated 28.06.2017 as amended by the Notification No.18/2018-Central Tax (Rate) dated 26.07.2018 in respect of their products, (i) The Zip Roll […]

TDS not deductible on Corporate guarantee fee paid to AE based at Netherlands

June 15, 2020 9039 Views 0 comment Print

Lease Plan India Pvt. Ltd Vs DCIT (ITAT Delhi) These appeals are against disallowance made by the learned assessing officer under section 40 (a)(i) on account of non-deduction of tax at source on guarantee commission paid to lease plan Corporation NV Netherland is confirmed holding it to be payment in nature of Fees For Technical […]

No deemed dividend when Amount advanced & received back on same date

May 14, 2020 576 Views 0 comment Print

When the company got back its funds on the same day, it cannot fall into the definition of the deemed dividend.

ITAT explains diversion of income by overriding title

May 13, 2020 9207 Views 1 comment Print

ACIT Vs Emaar MGF Construction Pvt. Ltd (ITAT Delhi) We find that the assessee is under the obligation to part away with the source of income to the holding company and it was not its volition alone, to give away the revenue that could have been otherwise accrued to them. An agreement entered into by […]

2 Issues Related to Refund of Excess Balance in Cash Ledger resolved

April 29, 2020 705 Views 0 comment Print

Payment orders if resubmitted is getting resubmitted successfully to GSTN. It is therefore requested that necessary instructions may be issued to the proper officers handling refunds under your Jurisdiction to resubmit the payment orders wherever the above-mentioned errors were noticed.

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