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Judiciary

GST on supply, erection, testing and commissioning of materials/equipments for providing rural electricity infrastructure

May 14, 2020 6240 Views 0 comment Print

In re ARG Electricals Pvt. Ltd. (GST AAR Rajasthan) 1. Whether the contract entered into with AVVNL as per the work orders combine of supply, erection, testing and commissioning of materials/equipments for providing rural electricity infrastructure qualifies as a supply for work contract under Section 2(119) of the CGST Act? ♦ The work undertaken by […]

Mining Support Service falls under HSN 998622 & attracts 18% GST

May 14, 2020 24960 Views 1 comment Print

Applicant is providing supporting service related to mining. The said service is classifiable under HSN 998622. The rate of GST on the said service is 18% (CGST 9% + SGST 9%) as provided under the Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 (as amended).

HC allows bail to accused director since trial not possible due to lockdown

May 14, 2020 3492 Views 0 comment Print

Bail was allowable to accused director of fraud on the reason that he was not the signatory to the alleged False Statement in the balance sheet of the Company and there was no loss caused either to any financial institution or Central/State Government and moreover, the trial proceedings is not possible within the reasonable time because of lockdown due to COVID-19 outbreak in India.

HC grant Bail to accused in alleged GST Fraud case

May 13, 2020 1452 Views 0 comment Print

Gaurav S/o Sampat Lal Maheshwari Vs State (Rajasthan High Court, Jodhpur) (1) This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with CR No.205/2019, Police Station Udaimandir, District Jodhpur, for the offences under Sections 420, 406, 467, 468 and 471 IPC. (2) Mr. Anand Purohit, learned […]

Interest u/s 234A, 234B & 234C waived off by HC due to financial disability

May 13, 2020 21717 Views 0 comment Print

The issue under consideration is whether the request of the petitioner for waiver of interest under Section 234A, Section 234B and Section 234C of the Income Tax Act, 1961 is granted by HC or not?

Interest paid on Loan cannot be set off against interest earned on Fixed Deposit

May 13, 2020 34563 Views 0 comment Print

Smt. Zeelia Zeena Mayzean Shenoy Vs ITO (ITAT Bangalore) The issue under consideration is whether or not income paid on interest against the fixed deposits can be said to have been incurred ‘wholly and exclusively’ for the purpose of earning interest income from fixed deposits? In the present case, the assessee made fixed deposit with […]

ITAT explains diversion of income by overriding title

May 13, 2020 12378 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 […]

Acquisition of mining rights for long lasting source of raw material is capital expenditure

May 13, 2020 2610 Views 0 comment Print

Since Zuari had obtained a long term captive source of the raw material by purchase of right from Texmaco for mining of limestone by operating the cement plant, therefore, the raw material was required to be won, gotten and brought to the surface and as such, could not be said to be revenue expenditure.

Prior period expenses of fixed assets allowable in the year of crystallisation

May 13, 2020 5439 Views 0 comment Print

The assessee has written off the assets which were not found/traceable and as the assets were scattered over different areas, the entire exercise of listing of such fixed assets got crystallized during the year and hence, the booking of the expenditure under head prior period expenses of fixed assets, merits to be allowed in the hands of the assessee.

Dept may allow withdrawal from attached pension a/c to pensioner due to Covid-19

May 13, 2020 2586 Views 0 comment Print

Lalita Aggarwal Vs PCIT (Delhi High Court) In view of the Covid-19 Pandemic, the Department shall act sympathetically in accordance with law and hence they will modify the attachment of the bank account of the pensioner, if any and to permit withdrawal of the amounts deposited as pension in the State Bank of India and […]

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