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Judiciary

Warranty services with Volvo bus supply is composite supplies: AAAR

February 6, 2020 2352 Views 0 comment Print

The activities performed by the Appellant with regard to repair and servicing of Volvo vehicles for Indian customers during the warranty period is an activity amounting to a composite supply of goods and service for Volvo Sweden with the principle supply being a supply of service. The recipient of the supply of service is Volvo Sweden.

No ITC on goods or services used in construction of shopping Mall for leasing: AAAR

February 6, 2020 5334 Views 0 comment Print

In re Tarun Realtors Pvt. Ltd. (GST AAAR Karnataka) Restriction contained in Section 17(5)(d) is applicable to goods and services received by a taxable person for construction of an immovable property. When goods and services are received by a taxable person for construction of plant or machinery, there is no bar on eligibility to input […]

Change in Inventory Valuation Method Allowed if Based on AS 2

February 5, 2020 10455 Views 0 comment Print

The issue under consideration is whether the change in method of valuation of inventory is allowed if it is based on AS 2 as prescribed by ICAI?

Service Tax on Sale of Books, hostel facility as bundled service with coaching services

February 5, 2020 3024 Views 0 comment Print

(i) Whether sale of books is service. (ii) Whether provisions of hostel facility and sale of books are to be combined with provisions of commercial training or coaching service as bundled service. (iii) Whether service tax was exempted on hostel facility.

Section 68 addition Not Justified in case of Issue of Shares in Exchange of Shares

February 5, 2020 2685 Views 0 comment Print

The issue under consideration is whether the addition u/s 68 is justified in case of issuance of shares in exchange of shares?

HC denies Bail in GST ITC evasion case despite Bail to co-accused

February 5, 2020 1647 Views 0 comment Print

In the present case, prosecution case is that the petitioner and his co-accused by creating fake firms, have issued invoices involving tax amount of more than Rupees Seventy Four Crores. The firms were misused for evading GST input taxes by the accused. Fake firms had been created in different States of the country. Although, co-accused Himani Munjal has been granted bail by the Apex Court, but it appears that she has been granted bail on account of the fact that she is a lady and has a young child to lookafter. Her custody period was also taken into consideration. Thus, the case of the petitioner can be said to be on different footing.

No capital gain tax liability on receipt of credit in partner’s capital account due to revaluation of firm

February 5, 2020 4911 Views 0 comment Print

Since assessee did not receive any sum over and above the value of its investments from partnership firm on revaluation of assets, therefore, there could not be any levy of capital gains or any levy in the nature of income upon retirement of assessee from firm within the meaning of Section 2(24) in the hands of assessee.

Appellate Authority explains Rule 3(4) of CA Professional Misconduct Rules

February 5, 2020 2004 Views 0 comment Print

Ashok A Jain Vs Director (Discipline) (Appellate Authority of ICAI) Now coming to the question if this Board Resolution satisfies the requirement of Rule 3 (4) of the Rules. It has been contended on behalf of the Appellant that this Resolution is a general Resolution in favour of Simon Tippet and not a specific Resolution […]

Commission earned from auctioning of flowers not eligible for GST exemption

February 5, 2020 1941 Views 0 comment Print

In re International Flower Auction Bangalore Ltd (GST AAAR Karnataka) The appellate authority for advance ruling set aside the ruling passed under section 98(4) of the CGST Act 2017 vide NO.KAR.ADRG 87/2019 dated 26-09-2019 i.e. Contention of the department appeal is allowed where in the question on which the advance ruling was sought for is […]

Confiscated good to be released on payment of GST & Penalty by assessee

February 5, 2020 912 Views 0 comment Print

Pursuant to the notice issued under Section-129 of the Act determining the amount to be paid towards the tax and liability, the requisite amount has been paid by the writ-applicant and the conveyance and the goods have been released. It appears that later, a show-cause notice came to be issued under Section 130 of the Act calling upon the writ-applicant to show-cause why the goods and conveyance should not be confiscated.

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