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Judiciary

Whether TDS provision under GST Act applicable to Co-operative Society?

October 22, 2019 5283 Views 0 comment Print

In re Tamil Nadu Coop. Silk Producers Federation Ltd. (GST AAR Tamilnadu) Whether TDS provision under GST Act is applicable to the Co-operative Society since it is Registered under Tamil Nadu Cooperative Society Act of 1975 and not under society registration act 1860 (21 of 1860)? In view of the above circumstances and facts of […]

Addition pursuant to search operation on matter dealt during original assessment

October 22, 2019 645 Views 0 comment Print

As AO has not unearthed any incriminating during the course of search operation under section 132, so no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was already examined earlier during original asses

ITC on Goods embossed with brand name given free of cost- CGST & SGST members differed

October 22, 2019 2097 Views 0 comment Print

In re Sanofi India Limited (GST AAAR Maharashtra) ITC eligible on Shubh Labh Trade Loyalty Program it is manifest that the Appellant’s act of providing the promotional goods and services under the Shubh Labh Trade Loyalty Program is certainly not an act of generosity, as the Appellant is not giving these goods and services to […]

Entry Tax on Unmanufactured Tobacco in ‘Sealed Container’ is Justified: HC

October 22, 2019 1443 Views 0 comment Print

HC held that The Notification impugned dated 1.10.2013 issued by the Government of Karnataka insofar it relates to the amendment made to the Notification dated 30.3.2002 for insertion of sub-item [ii] in Serial No.[5], specifying unmanufactured tobacco in ‘sealed container’ for levy of Entry Tax at 5% with effect from 02.10.2013 cannot be held to be unjustifiable and is accordingly upheld.

CESTAT can be temporary GSTAT if GST Council agrees- Suggestion in Delhi HC

October 21, 2019 951 Views 0 comment Print

He has also made a suggestion that instead of constituting a separate tribunal to deal with GST matters, the CESTAT could be empowered to deal with the same since several cases involve issues relating to customs duties and GST as well.

SC set aside Delhi HC order restraining I-T dept from taking action Gautam Khaitan

October 21, 2019 813 Views 0 comment Print

Union of India and Ors. Vs Gautam Khaitan (Supreme Court) Scheme of the Black Money Act is to provide stringent measures for curbing the menace of black money. Various offences have been defined and stringent punishments have also been provided. However, the scheme of the Black Money Act also provided one time opportunity to make […]

No service tax on surrender charges deducted from ULIP fund

October 21, 2019 2280 Views 0 comment Print

Max Life Insurance Co. India Ltd. Vs. Commissioner Central Excise and Service Tax (CESTAT Delhi) CESTAT Delhi has held that service tax was not payable on surrender charges deducted from the fund value of policy holder on pre-mature withdrawal, as it was not for asset management but a penalty. The Tribunal, considering clarification by CBEC […]

Mere cash Deposit in Bank Account prior to issue of cheque not sufficient to held Loan as non genuine

October 21, 2019 2208 Views 0 comment Print

ITAT states that, once the source of deposit is explained as prior withdrawal from the bank of more than the amount deposited subsequently then the creditworthiness of the creditor and genuineness of the transaction cannot be doubted.

Liquidator decision is appealable under Section 42 of IBC, 2016

October 21, 2019 4311 Views 0 comment Print

P.X. Xavier Vs. K. Joseph (Kerala High Court) Admittedly, the Liquidator had taken a decision. The decision taken by the liquidator is appealable under Section 42 of the Code. The petitioners, in order to file appeal under Section 42 of the Code, filed an application to condone the delay in filing the appeal. It has […]

Whether supply of stores in foreign going vessels is export under GST

October 21, 2019 10758 Views 0 comment Print

The Applicant’s supply of stores to foreign going vessels, as defined under section 2(21) of the Customs Act, 1962 Act, is not export or zero-rated supply, unless it is marked specifically for a location outside India. The Applicant is, therefore, liable to pay tax on such supplies under the GST Act or the IGST Act, as the case may be.

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