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Judiciary

Classification of Royalty Payment & GST Rate applicable on extraction of iron

February 28, 2020 42462 Views 0 comment Print

The royalty paid by M/s Cosme Costa & Sons in respect of mining lease is classifiable under sub heading 997337- ‘Licensing services for the right to use minerals including its exploration and evaluation’ and is subject to levy of GST @ 5% till 31.12.2018 and thereafter @ 18% under reverse charge basis;

No GST on Bio Processed Meal for Animal Feeding (AAR Revises Order)

February 28, 2020 4215 Views 0 comment Print

In re Vippy Industries Ltd. (GST AAR Madhya Pradesh) In a revised order AAR Madhya Pradesh Held that The product Preparation of a kind used in Animal Feeding – Bio Processed Meal’ is entitled to classify under HS code 23099090 and therefore entitled to clear the said goods for specific use of Animal Feeding without […]

Allowability of STCL on assignment of debts due from certain debtors even if assignee did not disclose recovered income

February 28, 2020 3930 Views 0 comment Print

As regards to issue of allowability capital loss incurred by assessee on assigning of debts due from certain debtors, it was concluded that merely because assignee company did not disclose business income in their income tax returns for subsequent years in year of recovery of debts, that would not prejudice right of assessee company to claim capital loss in the year of extinguishment of their right in favour of assignee company. Hence, events that had happened after the date of assignment of debt, could not be used to judge the transaction, which had happened on the date of assignment.

Interest part of Cost of Property & eligible for indexation & deduction

February 28, 2020 48432 Views 1 comment Print

Interest paid  on the borrowing made for acquiring Capital Asset (House Property)  is part of the cost of acquisition and therefore eligible for indexation and deduction from the Sale Consideration  for computation of capital gains. 

Service tax on GTA under RCM dropped, stating revenue neutrality

February 28, 2020 14268 Views 0 comment Print

Ashirwad Foundaries Pvt. Ltd. Vs. Commissioner of CGST & Central Excise (CESTAT Kolkata) CESTAT dropped the demand of Service tax on GTA under RCM, stating revenue neutrality.  Hon’ble Supreme Court in the case of CCE, Pune Vs Coca-Cola India Pvt. Ltd., 2007 (213) ELT 490 (SC) and CCE, Vadodara Vs Narmada Chematur Pharmaceuticals Ltd., 2005 […]

Limited scrutiny cannot be converted into complete scrutiny without seeking permission from competent authority

February 27, 2020 2928 Views 0 comment Print

Addition made u/s 69 was liable to be quashed as the order passed by AO would be nullity as he couldn’t convert limited scrutiny into complete scrutiny in absence of requisite approval from the competent authority.

No requirement to prove source for receipts which is a case of repayment of loan

February 27, 2020 2943 Views 0 comment Print

In the given case, the appeal is filed by revenue against the order of Commissioner of Income Tax (Appeals). The issue here is that as per assessing officer there is requirement for assesse to prove the source of funds in the hands of the receipts received by assessee. 

Redemption Fine is covered under SVLDRS

February 27, 2020 2196 Views 0 comment Print

Messrs Synpol Products Pvt. Ltd. Vs. Union of India (Gujarat High Court) When the respondents had issued show cause notice demanding excise duty together with confiscation of the goods in terms of Rule 25 (a) and (d) of the Central Excise Rules, 2002 and redemption fine in lieu of confiscation under Rule-25 as goods were […]

HC directs inspection of teer-counters Curb & to check for GST Evasion

February 27, 2020 2337 Views 1 comment Print

If any operator of teer-counter has an obligation to get himself registered under the Meghalaya Goods and Service Tax Act, 2017, he should be required to obtain necessary registration and make payment of due amount of GST.

Section 14A / Rule 8D(2) cannot be invoked for making disallowance u/s 115JB

February 27, 2020 2388 Views 0 comment Print

 Sri Vishnu Shankar Mill Vs ITO (ITAT Chennai) Section 14A read with Rule 8D(2) of the 1962 Rules cannot be invoked for making disallowance u/s 115JB of the 1961 Act but disallowance of expenses incurred relatable to earning of an exempt income is to be computed in accordance with Explanation 1(f) to Section 115JB of […]

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