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Judiciary

NAA found Builder guilty of not passing GST benefit to 1061 Customers

October 14, 2019 2994 Views 0 comment Print

The DGAP has concluded that the benefit of additional ITC of 2.23% of the turnover has accrued to the Respondent which was required to be passed on to 1061 flat buyers who had entered into the agreements with the Respondent upto 30.06.2017.

University Bound to Provide Copy of Answer Sheet under RTI Act, 2005

October 14, 2019 4143 Views 0 comment Print

Court would like to emphasis that the Law University, being a Public Institution, is bound to implement the provisions of the Right to Information Act, scrupulously in its letter and spirit.

Treatment of Capital Gains Tax during liquidation process

October 12, 2019 4050 Views 0 comment Print

NCLT held that the tax liability arising out of the sale shall be distributed in accordance with the provisions of Section 53 of the Code. The applicability of Section 178 or 194 IA of the IT Act will not have an overriding effect on the water fall mechanism provided under Section 53 of the Code, which is a complete code in itself, and the capital gain shall not be taken into consideration as the liquidation cost. 

Concessional GST Rate not applicable on Civil work for Kerala State Electricity Board

October 12, 2019 2154 Views 0 comment Print

The predominant nature of supply is construction of part of Dam ie, construction of various structures of dam like tunnels etc. Such structures are covered by the definition of Dam as per The Dam Safety Bill, 2019 which was placed in the Lok Sabha.

Non-quoting of reasons for reopening in reassessment notice would not vitiate entire proceedings

October 12, 2019 1767 Views 0 comment Print

Mere non quoting of the reasons for reopening by AO in the impugned notice would not vitiate the entire proceedings. Department had to furnish the reasons to assessee and on receipt of the reasons, if assessee were of the opinion that there were no additional material or new materials were available then they could submit their objections in respect of the change of opinion or reason to believe.

PVC Tufted Coir Mats & Matting cannot be considered as textile of coir and floor coverings

October 12, 2019 1272 Views 0 comment Print

PVC Tufted Coir Mats and Matting cannot be considered as textile of coir and floor coverings covered under HSN 5702, 5703 and 5705 and hence taxable @12% under Customs Tariff Head 5703 90 90.

PVC Tufted Coir Mats and Mattings is taxable @12% GST

October 12, 2019 4332 Views 0 comment Print

PVC Tufted Coir Mats and Matting cannot be considered as textile of coir and floor coverings covered under HSN 5702, 5703 and 5705. If any, PVC or rubber or any other materials are stuffed on the textile of coir, which is used as floor mats or mattings, it will come under the Customs Tariff Head 5703 90 90 and it will be taxed @ 12% GST as per Entry at Sl No. 144 of Schedule II of Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017.

Bentonite powder used for earthing purpose is taxable @18% GST

October 12, 2019 8862 Views 0 comment Print

Bentonite Powder used for electrical earthing is commercially known as ‘Back Fill Compound’ and it consist of mixture of Bentonite powder, wood charcoal powder, Graphite powder and Sodium sulphate. This mixture is used as an agent for reducing surface tension. Hence it comes under the Heading 3824.99.17 and is taxable at the rate of 18% as per SI No. 97 of Schedule III of Notification No. 01/2017 Central Tax (Rate) dated 28.06.2017

A Transaction not become Genuine merely for receipt via banking Channel

October 11, 2019 2592 Views 0 comment Print

Whether AO is correct in considering the gift received by the assessee as unexplained gift and made addition u/s 68 when the Gift was received through banking channels?

Eligibility for higher rate of depreciation on Erection and installation of windmill

October 11, 2019 1296 Views 0 comment Print

Pr. CIT Vs Mahalaxmi Infra Projects Ltd. (Bombay High Court) Windmill was erected in the area which required special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. Therefore, assessee was eligible for higher rate of depreciation on the civil construction, electric and other installations in […]

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