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Corporate guarantee forms an international transaction for Transfer pricing

May 11, 2021 2736 Views 0 comment Print

GOCL Corporation Ltd. Vs DCIT (ITAT Hyderabad) Learned counsel’s first and foremost argument is that a corporate guarantee is a shareholder’s activity which has been wrongly treated as an international transaction u/s.92B read with Explanation inserted by the Finance Act, 2012 with retrospective effect from 01-04-2002. He next sought to draw a distinction between the […]

18% GST applies on Biomass Fired (Steam) Boilers & Agro Waste Thermic Fluid Heater

April 8, 2021 5238 Views 0 comment Print

In re Isotex Corporation Pvt. Ltd. (GST AAAR Gujarat) In view of the foregoing, we confirm the Advance Ruling No. GUJ/GAAR/R/74/2020 dated 17.09.2020 of the Gujarat Authority for Advance Ruling to the extent it has been appealed before us, by holding that the products Biomass Fired (Steam) Boilers, Agro Waste Thermic Fluid Heater of M/s. […]

Disallowance of interest expenses justified for Borrowed money invested in equity without any commercial expediency

March 8, 2021 1077 Views 0 comment Print

 Where the assessee diverted borrowed funds towards investment in a company but did not collect any interest on money so invested then the AO was justified in making the disallowance of interest on borrowed capital particularly in view of the fact that the assessee failed to prove that there was any commercial expediency in making the investment that company.

Rhyzomyx & ‘Rhyzomyco classifiable under Tariff item No. 30029030

March 8, 2021 639 Views 0 comment Print

In re Novozymes South Asia Pvt. Ltd. (GST AAAR Gujarat) The products ‘Rhyzomyx’ and ‘Rhyzomyco’ manufactured and supplied by M/s. Novozymes South Asia pvt.ltd., are classifiable under Tariff item No.30029030 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975), is covered under Sr.no.61 of Schedule-II of Notification No.01/2017-Central Tax (Rate) dated 28.06.2017 […]

No GST exemption on ‘equipments on hire’ for ‘live videography’ to State Government

March 8, 2021 744 Views 0 comment Print

In re Jayshreeben Rameshchandra Kothari (GST AAAR Gujarat) The appellant has provided ‘equipments on hire’ for ‘live videography’ during the events or programmes held by the Government Department for which ‘Hire Charges’ have been paid by the Government Department to the appellant. The activity of ‘providing equipments on hire’ or ‘live videography’ is not an […]

Mixing of rubber compound on materials supplied by principal is Job Work

March 1, 2021 1197 Views 0 comment Print

In re Eastern Polymers (GST AAR Kerala) Q:Whether mixing of rubber compound on the materials supplied by the principal and returning the finished products to the principal will come under Sl.No. 26(i)(b) of Notification 11/2017 -CT(Rate) and SRO.No.370/2017? Answer: Mixing of rubber compound on the materials supplied by the principal and returning the finished products […]

Board Meeting Attendance Register not Authenticated by Chairman or CS: MCA Imposes Penalty

February 5, 2021 20745 Views 0 comment Print

Learn about the penalty imposed by MCA on a company for not authenticating board meeting attendance registers. Detailed analysis of the case and implications.

Board Meeting Attendance Sheet not serially numbered: MCA imposes Penalty

February 5, 2021 10548 Views 0 comment Print

MCA imposes penalties due to unnumbered board meeting attendance sheets. Detailed analysis of the case and imposed penalties.

ITC not eligible on construction of own building, rooms for leasing

January 29, 2021 1281 Views 0 comment Print

In re Indag Rubber Limited (GST AAAR Rajasthan) Appeal has been rejected. The appellant has constructed specific civil structure i.e. building, rooms and roads on his own plot to lease out the same on rent. It was held that construction is on his own a/c and also not covers in the definitions of plant & […]

Corporate and Bank Guarantee’ are ‘International Transaction’ for Transfer Pricing

January 1, 2021 960 Views 0 comment Print

PCI Limited Vs ACIT (ITAT Delhi) The Assessing Officer made the addition of Rs.73,69,830/-qua Transfer Pricing Adjustment on account of providing corporate guarantee by the Assessee to its overseas associated enterprises companies, namely, PCI Asia Pacific Pvt. Ltd. and PCI Middle East FZE by treating the interest rate of 1.3% based on average fees charged […]

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