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Judiciary

CGST Act not empower officials to record statements of family members through Coercion

October 25, 2019 7638 Views 0 comment Print

Section 67(2) of the Act empowers the authorised officer to search and seize the goods, documents or books or things – however, s.67(2) does not empower the officer concerned to record statements of family members through force or coercion or to record their conversations in their mobile phones.

Promoter not eligible to file application for Compromise and Arrangement, while he is ineligible U/s. 29A of I&B Code to submit a ‘Resolution Plan’

October 24, 2019 2277 Views 0 comment Print

Promoter, if ineligible under Section 29A cannot make an application for Compromise and Arrangement for taking back the immovable and movable property or actionable claims of the ‘Corporate Debtor’.

ALP provisions apply even if assessee is eligible for 100% section 10A/10B tax exemption

October 24, 2019 2280 Views 3 comments Print

Transfer Pricing: ITAT held that even if an assessee is eligible for tax exemption at the rate of hundred percent under section 10A/10B of the Act, then also the arm’s length price on international transactions deserve to be determined under section 92C of the Act. 

Limitation Period to issue scrutiny notice for defective ITR is from due date of filling original ITR

October 24, 2019 4851 Views 0 comment Print

Limitation period for issuance of scrutiny notice under ­section 143(2) on filing of defective returns was to be considered from the date of filing of the original return as upon removing of  defects, the return would relate back to the date of filing of the original return thus, the notice under section 143(2) was issued beyond the period of limitation and could not be sustained.

GST on tobacco leaves

October 24, 2019 11301 Views 0 comment Print

In re Deccan Tobacco Company (GST AAR Andhra Pradesh) Question (a): What is the rate of GST applicable on tobacco leaves procured at tobacco auction platforms or directly from farmers, which are cured and dried by farmers themselves? Answer: The GST Rate of tax for the tobacco leaves procured at tobacco auction platforms or directly […]

GST on ticket charges for Toy Train / Pedal Boat Facility in Park

October 24, 2019 3870 Views 0 comment Print

In re Chandmal Narayandas Consortium (GST AAR Rajasthan) The rate of GST on fee collected for entry into Subhash Udhyan (Municipal Park), ticket charges for Toy Train facility and ticket charges for Pedal Boat facility provided in Subhash Udhyan is @18% (SGST 9% +CGST 9%). FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, RAJASTHAN […]

GST on composite works contract supply for construction service to prospective lessee

October 24, 2019 3447 Views 0 comment Print

In re Nagpur Integrated Township Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling agree with the findings and order of the Advance ruling authority in as much as the impugned transaction entered into by the parties is not in nature of lease. The same is rather in the nature of  construction of […]

Section 80JJAA do not differentiate between Salary & Wages

October 23, 2019 2025 Views 0 comment Print

person working in software industry cannot be termed as ‘Wages’. In our view there is no distinction sought to be made in the provisions of Sec.80JJAA of the Act

Reopening for taxing transaction with investors having dubious character

October 23, 2019 741 Views 0 comment Print

RDS Project Limited Vs ACIT (Delhi High Court) One is known by the company one keeps. Sh. Tarun Goyal has been established to be engaged in the business of providing accommodation entries. He is the promoter of about 90 companies from the same set of addresses as aforesaid. Amongst the companies promoted by him are […]

No Section 271B Penalty if books of account not maintained

October 23, 2019 3531 Views 0 comment Print

Naveen Kumar Kaparthy Vs ITO (ITAT Hyderabad) In the instant case, when the books of account are not maintained, the AO did not initiate any proceedings for not maintaining the books of account. The AO obviously satisfied that the books of account were not maintained for good and sufficient reasons. When the AO accepted the […]

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