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Judiciary

SC dismisses IL&FS Petition against La-Fin on being time-barred

September 25, 2019 1737 Views 0 comment Print

Winding up petition filed in October 2016 by IL&FS Financial Services Ltd. against La-Fin before the Bombay High Court which was transferred to the NCLT with respect to the alleged default by La-Fin in not complying with its undertaking to buy back 442 lakh equity shares of MCX-SX (a group company of La-Fin) from IL&FS  in August 2012 was time-barred being beyond the period of three-years mentioned in Article 137 of the Limitation Act and could not therefore be proceeded with any further. 

TDS on Payment made to jewellery market exhibition for stall at exhibition

September 24, 2019 77985 Views 2 comments Print

Where basic evidence to prove the contention of assessee was contract between assessee and organizers, which assessee failed to produce before AO and contentions as raised by assessee have not been substantiated through any evidence or material on record, therefore, space was allotted to assessee for carrying out its business activities and assessee was liable to deduct TDS under section 194-I.

No ST under RCM on deployment of Employees of Parent Company & Payment of Salaries to them

September 24, 2019 1608 Views 0 comment Print

The issue under consideration is whether the service tax under RCM will be levied on deputed employees working under control, direction and supervision of overseas companies?

HC Quashes Non-Speaking Order for Detention of Goods under GST Law

September 24, 2019 2883 Views 0 comment Print

India Logistics And Cargo Movers Vs The State of Gujarat (Gujarat High Court) It was incumbent upon the GST Department to give reasons in support of their conclusion that the goods in question and the conveyance are required to be confiscated. However, the impugned order is totally bereft of any reasons, in the absence of […]

Son’s share in HUF will become property of son’s HUF & father’s share will come to son in his individual capacity

September 24, 2019 3933 Views 0 comment Print

The assessee before us is a HUF. During the relevant previous year, the assessee sold three properties. In the income tax return filed by the assessee, however, only the capital gains on sale of 1/2 of these properties were shown. When the Assessing Officer probed this apparent discrepancy, it was explained that these properties were purchased by Shri Pranayakumar Shodhan

Transaction of loan between two independent parties cannot be taxed in the hands of Broker to transaction

September 24, 2019 1239 Views 0 comment Print

Shiv Prakash Bajaj Vs DCIT (ITAT Jaipur) It is not in dispute that the assessee surrendered a sum of Rs. 30.00 lass on account of incriminating material found during the search, therefore, the transaction of loan between two independent parties even if through the service of the assessee being broker cannot be thrust upon the […]

Passenger Transport Services provided covered under Heading 9964

September 24, 2019 20862 Views 3 comments Print

The services provided by the applicant to M/s Volvo Group India Pvt. Ltd., are “Passenger Transport Services” covered under Heading 9964 and this service is covered under the entry 8(vii) of Notification No.11/2017-Central Tax (Rate) dated 28.06.2017 as amended and are taxable at 9% under the CGST Act, 2017 and 9% under the KGST Act, 2017 .

GST Rate on marine propeller, rudder set, stern tube set, propeller shaft & MS couplings

September 24, 2019 3447 Views 1 comment Print

In re S R Propellers Pvt. Ltd. (GST AAR Karnataka) Whether the rate of tax applicable is 5% on commodities such as marine propellers, rudder set, stern tube set, propeller shaft and couplings used only for the purpose of the fishing or floating vessels? The concessional rate of 5% GST in terms of entry number […]

GST on composite contract of cutting of live trees to obtain logs & transfer of timber logs

September 24, 2019 12987 Views 0 comment Print

In re M/s. Kohinoor Woods (GST AAR Karnataka) In this case, instead of Forestry Department taking the responsibility of cutting the trees it directed the applicant to cut and remove the standing live Tree. Thus applicant is ultimately removing the cut log and not the live trees, Here the job of cutting is undertaken by […]

GST on volume discount received on purchases

September 24, 2019 14211 Views 0 comment Print

In re Kwality Mobikes (P) Ltd. (GST AAR Karnataka) a) Whether the volume discount received on purchases is liable for GST? If yes, under which HSN/SAC? The Volume Discount received on purchases in the form of credit note without any adjustment of GST is not liable for GST. b) Whether volume discount received on retail […]

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