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Judiciary

NAA held Johnson & Johnson guilty of Profiteering of Rs. 230 Cr.

December 23, 2019 1215 Views 0 comment Print

Director General of Anti-Profiteering Vs Johnson & Johnson Private Limited (National Anti-Profiteering Authority) Profiteered amount is determined as Rs. 2,30,40,74,132/- as per the provisions of Rule 133 (1) of the above Rules as has been computed vide Annexure-13 of the Report dated 24.06.2019. Accordingly, the Respondent is directed to reduce his prices commensurately in terms […]

GST on Flour Mixture of Grams, pulses, leguminous vegetable with cereal flour/Rice flour

December 23, 2019 41049 Views 0 comment Print

In re Chellasamy Nadar Deivarajan (Mahalakshmi Store) (AAR Tamilnadu) Whether the unbranded mixture of flour of pulses and grams i.e. leguminous vegetables and cereal flours fall under the HSN Code 1106 and 1102 respectively though blending of leguminous flour added with very small quantity of rice flour or maize flour (without adding salt or any […]

NFC Board manufactured with Rice husk mainly classifiable under CTH 441193

December 23, 2019 7374 Views 0 comment Print

In re Papaka Herbs & Spices private Limited (GST AAR Tamil Nadu) Whether the Rice Husk Board manufactured by the applicant comprising of Natural Fibre (Rice Husk Powder); Calcium carbonate, recycling waste and other processing aid as well as PVC resin, wherein PVC acts only as a bonding agent would remain classified as wood and […]

Whether HDPE woven tarpaulin is classifiable as textile under GST Tariff Act

December 23, 2019 2013 Views 0 comment Print

In re East Hooghly Agro Plantation Pvt. Ltd. (GST AAAR West Bangal) On examination of samples produced by the Appellant during the course of hearing it is clear that as the principal characteristic of tarpaulin is water proofing. unless the HDPE woven fabric is laminated it cannot be used to make tarpaulin. The process of […]

Whether loading & unloading service of yellow peas at the port is exempt supply?

December 23, 2019 2382 Views 0 comment Print

In re T P Roy Chowdhury & Company Pvt. Ltd. (GST AAAR West Bangal) There is no dispute that raw whole yellow peas are agricultural produce covered under serial no. 45 of the Rate Notification and are exempted goods. However, this particular consignment of raw whole yellow peas was harvested in foreign land and the […]

Interest payable on refund of Tax which was Paid pursuant to a special order of AO

December 22, 2019 1971 Views 0 comment Print

Universal Cables Ltd Vs CIT (Supreme Court) A ‘tax refund’ is a refund of taxes when the tax liability is less than the tax paid. As per the old section an assessee was entitled for payment of interest on the amount of taxes refunded pursuant to an order passed under the Act, including the order […]

Neither of Section 24(b) & Section 48 excludes operation of other

December 22, 2019 3045 Views 0 comment Print

Deduction under section 24(b) and computation of capital gains under section 48 of the Act are altogether covered by different heads of income i.e., income from ‘house property’ and ‘capital gains’. Further, a perusal of both the provisions makes it unambiguous that none of them excludes operative of the other.

Allowability of Provision for post-retirement medical benefit of employees

December 22, 2019 4749 Views 0 comment Print

Provision for post-retirement medical benefit of employees had been created on the basis of actuarial calculation on a scientific basis and liability was not contingent but definite, accordingly, no disallowance could be made.

Addition only for difference of GP on Normal & Bogus Purchase

December 22, 2019 3663 Views 0 comment Print

Hemant M Mehta HUF Vs A.C.I.T. (ITAT Mumbai) In case of bogus purchases where sales are accepted, the addition is required to be made only to the extent of difference between the GP declared by the assessee on normal purchases vis a vis bogus purchases. Respectfully following the order of the Hon’ble Jurisdictional High Court […]

Section 56(2)(viia) not applies to a foreign company prior to 1.4.2019

December 22, 2019 2100 Views 0 comment Print

Keva Industries Pvt. Ltd Vs ITO (ITAT Mumbai) We find that there is no dispute that the assessee company had acquired the shares of a foreign company from its directors. We also find the provisions of section 56(2)(viia) of the Act refers to transaction of acquisition of any property being shares of a company not […]

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