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Judiciary

Mere permission to construct on land not results in transfer for capital gain tax

April 1, 2020 4950 Views 0 comment Print

SC held that, under the sale agreement, the Taxpayer had granted mere license to Vijay Shanthi Builders Ltd. which cannot be equated with possession of property which necessarily requires control over the property and not mere occupation and, hence, provisions of Transfer of Property Act, 1882 were not attracted.

Fortified Rice Kernels not classifiable as natural Rice: AAAR

April 1, 2020 2091 Views 0 comment Print

In re JVS Foods Pvt. Ltd (GST AAAR Rajasthan) Fortified Rice Kernels (FRK) manufactured by the appellant do not have essential character of natural Rice and also does not merit classification under Chapter 10 in terms of Chapter Note 1 (A) of the said Chapter. It is appropriately classifiable under the sub-heading of Chapter 19 […]

Unverified news capable of causing panic should not be disseminated: SC

March 31, 2020 2661 Views 0 comment Print

Alakh Alok Srivastava Vs Union of India (Supreme Court of India) We expect the Media (print, electronic or social) to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated. A daily bulletin by the Government of India through all media avenues including social media and forums […]

GST on Boarding & Lodging facilities both on monthly & daily tariffs

March 31, 2020 20901 Views 1 comment Print

In re Srisai Luxurious Stay LLP (GST AAR Karnataka) 1. Whether the daily accommodation services ranging from Rs.300 to Rs.500 per bed are eligible for exemption under Notification No.12/2017-Central Tax? The daily accommodation services ranging from Rs.300 to 500 per bed are eligible for exemption under Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017 2. […]

Leasing of Satellite Transponder falls under SAC Code 997319

March 31, 2020 9420 Views 0 comment Print

In re New Space India Limited (GST AAR Karnataka) 1) Whether Leasing of Satellite Transponder which is covered under SAC Code 997319 be charged at 5% GST as per HSN Code 8803 – Parts Goods of Heading 8802 (Satellites)? The service of Leasing of Satellite Transponders, covered under SAC 9973 19, falls under the Entry No. […]

Separate GST registration in other State not needed for execution of contract in that state

March 31, 2020 15141 Views 0 comment Print

In the instant case, the applicant intends to supply goods or services or both from their principle place of business, which is located in Rajasthan. The applicant has only one principle place of business, for which registration has been obtained and does not have any other fixed establishment other than the principle place of business, as admitted by the applicant. Therefore the location of the supplier is nothing but the principle place of business which is in Rajasthan. Thus there is no requirement for a separate registration in Karnataka for execution of the contract referred supra.

Suo Moto NCLAT Delhi order under Insolvency, Competition & Company Law

March 30, 2020 1539 Views 0 comment Print

That the period of lockdown ordered by the Central Government and the State Governments including the period as may be extended either in whole or part of the country, where the registered office of the Corporate Debtor may be located

No banking facility in village- Cash Payment to Truck Driver allowable

March 30, 2020 891 Views 0 comment Print

he auditors in their tax audit report have also not mentioned of any violation of provisions of section 40A(3), as these payments have been made on account of business expediency where insistence of cash by the agents and truck drivers has been established by the appellant.

Give Cognizant opportunity to explain its stand on 2 year old Tax dispute: SC

March 28, 2020 1227 Views 0 comment Print

Whether assessee’s purchase of its own shares, which was not in accordance with sec.77A of the Companies Act, would amount to dividends within the meaning of sec.2(22)(d) or 2(22)(a), and consequently, liable for tax u/s. 115-O in the hands of the assessee company. Whether the company had failed to remit the taxes within the stipulated period, the company was ‘deemed to be an assessee in default’, u/s. 115-Q. W

Allahabad HC extends interim/bail orders to April 26 amid COVID­19 Lockdown

March 26, 2020 753 Views 0 comment Print

All interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow, all the District Courts, Civil Courts,Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which have been expired subsequent to 19th March, 2020 or are due to expire within a period of one month from today, will continue to operate upto 26th April, 2020. We, however, make it clear that those interim orders which are not of a limited duration and are to operate till further orders will remain unaffected;

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