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Board Meeting Attendance Sheet not serially numbered: MCA imposes Penalty

February 5, 2021 10851 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 1494 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 1107 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 […]

HC order release of Goods and Vehicle detained for Alleged mismatch

December 18, 2020 1683 Views 0 comment Print

It appears that while generating the e-way bill, the option of bill to ship to was selected which is even reflected in the e-way bill. It has been specifically mentioned in the e-way bill that the goods have been dispatched from Jalna, State of Maharashtra.

GST on supplies on contracts : No ruling as copy of contracts not furnished

December 18, 2020 774 Views 0 comment Print

In re Madhya Pradesh Power Generating Company Limited (GST AAR Madhya Pradesh) In respect of first question, regarding classification of supply in Entry No. 6 of Schedule II to the GST Act we are unable to answer the question on account of insufficient information provided by the applicant. Further in respect of first question, regarding […]

No willful omission or negligence – ITAT condones delay of 738 days

November 20, 2020 1455 Views 0 comment Print

Ryatara Seva Sahakari Sangha Niyamita Vs ITO (ITAT Bangalore) The assessee did not file an appeal before the first appellate authority within the time limit prescribed, on the bonafide belief that the demand that has arisen on account of disallowance of claim u/s 80P of the I.T.Act would not be enforced and shall be kept […]

‘Healthcare services’ classifiable under service code 9993

October 15, 2020 8202 Views 0 comment Print

In re Shubham Sarvam Medical Projects LLP (GST AAR Uttarakhand) On perusal of aforesaid legal provisions , we find that all the healthcare services by a clinical establishment or authorized medical practitioner or para medics by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy and services by way of […]

Section 74 – Prior payment of tax before issue of Show cause notice – Payment of Interest and Penalty

October 12, 2020 195 Views 0 comment Print

Malayalam Motors Pvt. Ltd Vs Assistant State Tax Officer (Kerala High Court) Facts of the case: The petitioner is a private limited company engaged in the business of automobile sales. The Company filed GSTR-1 returns for the months of February 2020 to May 2020, due to the Covid pandemic, could not generate funds to make […]

Concessional GST rate of 12% applicable on Laboratory Reagents

September 30, 2020 2385 Views 0 comment Print

In re Imperial Life Sciences Pvt. Ltd (GST AAAR Haryana) In view of the discussions and findings and the CBIC’s Circular No. 163/19/2021-GST dated 6th October 2021, issued under F.No. 190354/ 206/2021-TRU, AAAR hold that concessional GST rate of 12% is applicable on all goods falling under heading 3822, vide Entry at S.No. 80 of […]

ITC not eligible on services for construction of covered logistics facility space

September 30, 2020 2001 Views 0 comment Print

Whether Input Tax Credit of GST in respect of inputs in form of goods and services be eligible if the goods and services are consumed and used in construction of covered logistic facility space when the said Input Tax Credit would be utilized in order to discharge and pay CGST and HGST/IGST on rent received from tenants of the warehouse.

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