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Judiciary

No re-open assessments if period to retain Books of account expired: HC

December 18, 2019 4224 Views 0 comment Print

MCP Enterprises Vs. State of Kerala (Kerala High Court) Writ petitions are disposed by upholding the retrospective operation of Section 42(3) of the KVAT Act, but declaring that the power to re-open assessments under the said provision cannot be exercised in relation to such assessments where the period for which the assessee concerned is obliged […]

NAA held ‘Adani M2k Project’ guilty of Profiteering

December 18, 2019 1212 Views 0 comment Print

National Anti-Profiteering Authority finds Adani M2k Project LLP guilty of not passing on GST benefits. Rs. 1,25,33,555/- profiteered. Legal order details.

RNRO can claim foreign tax credit under section 91

December 18, 2019 3267 Views 0 comment Print

Assessee who was Resident but not ordinarily resident in India was entitled to claim the credit of both state and federal taxes as per section 91 however, tax credit in respect of foreign income tax was restricted to actual income tax liability in India, in respect of income on which taxes had been so paid abroad.

Labour supply services classifiable under Chapter head 9986

December 18, 2019 17781 Views 1 comment Print

Exemption available to ‘supply of farm labour’ services falling under Chapter heading 9986 under Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 and Notification No. 09/2017- Integrated Tax (rate) dated 28.06.2017 is not available to supply of manpower services falling under SAC 99851.

No GST on Labour contract services for construction of flats under PMAY

December 18, 2019 10041 Views 0 comment Print

Services of pure labour contract supplied by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of a civil structure or any other original works under PMAY is exempted from GST vide Entry 10 of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 (as amended).

Fortified Rice Kernels FRK classifiable under HSN 19049090

December 18, 2019 19935 Views 0 comment Print

AAR held that Fortified Rice Kernels FRK manufactured and supplied by the applicant is classifiable under HSN 19049090 and attracts GST @ 18% (SGST 9 % + CGST 9 %).

Section 36(1)(vii) in case money was unrecoverable due to inability or insolvency of debtors

December 18, 2019 11349 Views 0 comment Print

Deduction under section 36(1)(vii) was allowable in case money was unable to be recovered due to inability or insolvency of the debtor to pay. In all other cases, the claim for allowance should have to be sustained under Section 37(1) which required that the expenditure (not being of a capital nature) should have been wholly and exclusively incurred for the purpose of the business. Advances for salary and deposits for lease premises had been written off and the same were laid out or expended wholly and exclusively for the purposes of the business thus, allowable under Section 37(1).

In Absence of Karta, Any Family member may be permitted to Prosecute Suit

December 18, 2019 8799 Views 0 comment Print

Madhuri Doulatram Choitram Vs Lachmandas Tulsiram Nayar (HUF) (Bombay High Court) It is one thing to say that a member of the family other than, or in the absence of, a Karta, may be permitted to prosecute the suit on account of special circumstances of a given case. And a completely different thing to claim […]

No interest liability when IGST amount wrongly deposited as CGST

December 18, 2019 10815 Views 0 comment Print

In a case where the assessee had wrongly deposited IGST as CGST, the Jharkhand High Court has quashed the letter saddling petitioner company with liability to pay short paid IGST along with interest. The High Court however directed the petitioner to deposit IGST and to claim refund of CGST or adjust the amount wrongly deposited under CGST for future liability of CGST.

Cyrus mistry won case against tata sons in NCLAT

December 18, 2019 4977 Views 0 comment Print

The proceedings of the sixth meeting of the Board of Directors of ‘Tata Sons Limited’ held on Monday, 24th October, 2016 so far as it relates to removal and other actions taken against Mr. Cyrus Pallonji Mistry (11th Respondent) is declared illegal and is set aside.

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