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Judiciary

Input tax credit of GST charged by third-party transporters

March 5, 2020 17406 Views 0 comment Print

In re Posco India Steel Distribution Centre Pvt Ltd (GST AAR Maharashtra) Q 1. What will he the classification of the services (whether under service codes 996511 or 996791 or 996799 or any other) of the Applicant in case the Applicant issues the consignment note however, the actual transportation is done through the third-party transporter […]

No GST exemption on Coaching Services to CA & CMA students

March 5, 2020 4497 Views 0 comment Print

Whether the services of supply of service of education as per the curriculum prescribed by the statutory authorities/ government to the students of the applicant for obtaining qualifications/ certificates of CA-Foundation, CA-Inter, CA-Final, CMA (ICWA)-Foundation, CMA-Inter, CMA-Final and Intermediate duly recognized by the respective statutory authorities/ government are exempted under Notification N0.12/2017–CT (Rate) dt. 28.06.2017 (entry no.66(a)), as amended?

Supply, installation & fixing of furniture cannot be a works contract

March 5, 2020 8256 Views 0 comment Print

The supply, installation and fixing of furniture, customized or customized cannot be a works contract, as the items of furniture have been made or manufactured at the supplier’s place which have been installed or fixed at the place of the recipient. Such installed or fixed items of furniture can be removed/ moved to any place without damage to the furniture.

Mere Change of Opinion Cannot be Basis for Re-Opening of Assessment

March 5, 2020 1620 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 is justified if the details on the basis of which case is re-opened was already available at the time of original assessment?

Form GST TRAN­1 Filing: Applicant should not suffer for technical glitches

March 4, 2020 795 Views 0 comment Print

The GSTN upon receipt of the proposal from the Nodal Officer shall look into the same and take an appropriate decision in accordance with law, more particularly, keeping in mind the writ­ applicant should not suffer on account of any technical glitches.

No Service Tax on Clubs/Associations incorporated before 1.7.2012

March 4, 2020 1443 Views 0 comment Print

Commissioner of Service Tax Vs Sobha Developers Ltd (Karnataka High Court) The issue under consideration is whether the principle of mutuality is applicable to services provided by the club to its members and does not amount to rendition of service from one person to another and would not be considered as taxable service for the […]

HC cannot invoke Section 130 at threshold unless applicant shows why it deserves to be discharged

March 4, 2020 813 Views 0 comment Print

Kohitoor Transport LLP Vs State of Gujarat (Gujarat High Court) The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of […]

Addition for unexplained investment in residential property justified if no satisfactory explanation by Assessee

March 4, 2020 2505 Views 0 comment Print

Rameshwar Lal Vs DCIT (ITAT Delhi) The Assessee vide order sheet entry dated 18.11.2016 was required to show cause why cash payment amounting to Rs. 5,00,000/- paid in cash to Cosmos Group may not be added to the income as unexplained investment. The assessee vide his submission dated 24.11.2016, stated that he had paid Rs. […]

ITAT deletes adhoc disallowance of payment to Football Players

March 4, 2020 750 Views 0 comment Print

The assessee is a private limited company mainly engaged in the activity of running a football team. It filed its return of income for the Assessment Year 2012-13 declaring Nil Income.

Cenvat Credit can be utilised for payment of Service Tax on reverse charge basis

March 4, 2020 8118 Views 0 comment Print

The issue to be decided is Whether the Appellant i.e. the service recipient could utilize Cenvat credit of Central Excise duty paid on inputs, for payment of service tax on services viz.Management, Maintenance or Repair, Copyright and Advertising, received by them from abroad, under reverse charge mechanism?

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