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Judiciary

Pattadar Passbook cum Title Deed classifiable under HSN 4820

September 16, 2019 4674 Views 0 comment Print

In re Manipal Technologies Limited (GST AAR Karnataka) Whether Pattadar Passbook cum Title Deed is a ‘Document of Title’ so as to classify under HSN 4907 or as a ‘Passbook’ under HSN 4820. Section 3 of Telangana State Rights in Land Pattadar Passbooks Act – 1971, provides that a record of rights shall be created. […]

Sale of goods affected after clearing from Customs was not a high sea sales

September 16, 2019 2028 Views 0 comment Print

The sale of goods was not a high sea sales which was affected after clearing from the Customs. Otherwise, NTPC, the buyer would have filed the Bill of Entry and cleared the goods. The mere fact that the bids for import were finalised by the respondent (MMTC) after approval of NTPC, would not change the nature of transaction.

GST payable on reimbursement of discount / rebate from principal company

September 16, 2019 7170 Views 0 comment Print

In re M/s. Santhos Distributors (GST AAR Kerala) It is established from the statement of the applicant that the prices of the products supplied by the applicant is determined by the supplier /principal company and the applicant has no control on the price of the products. Therefore, it is evident that the additional discount given […]

GST on services related to gold ornaments

September 16, 2019 36765 Views 0 comment Print

In re M/s. CGR Gold Trading (GST AAR Kerala) i) The tax liability of the applicant; the rate of tax for the services rendered by the applicant on quality testing and certification of gold ornaments. The quality testing and certification of gold ornaments are covered under Service Classification Code, 998346 – Technical testing and analysis […]

GST on discount offered by Company through dealers to Customers

September 16, 2019 7113 Views 0 comment Print

In re Santosh Distributors (GST AAR Kerala) Q.1: The applicant is paying the tax due as per the invoice value issued by the applicant and availing the input tax credit of GST shown in the inward invoice received by the applicant from the Principal Company or their stockist. The tax liability of the applicant for […]

Director Bank Account Attachment for default in MVAT Payment by Public Company is unjustified

September 15, 2019 5739 Views 0 comment Print

Girdhari Lal Lath Vs. State of Maharashtra & Ors. (Bombay High Court) Since Sub Section (6) of Section 44 of the MVAT Act is subject to the Companies Act, 2013 the definitions and distinctions laid down in the Companies Act, 2013 vis-a-vis public company and private company would be applicable to Section 44(6) of the […]

ITAT on higher Rate of depreciation on Set top boxes

September 15, 2019 4089 Views 0 comment Print

ACIT Vs Kerala Communicators Cable Ltd. (ITAT Cochin) The Assessing Officer granted depreciation at the rate of 15% being machinery and plant other than those covered by sub-items (2), (3) and (8). According to the assessee, it is covered under sub-item (8)(ix)(E)(k). Sub-item (ix) of item (8) is energy saving device and (E) is electric […]

Section 12AA registration cannot be cancelled for mere violation of section 11 and 13

September 15, 2019 7143 Views 0 comment Print

Lilavati Kirtilal Mehta Medical Trust Vs CIT (ITAT Mumbai) In the present case, the case sought to be made out by the Commissioner is that the violation carried out by the assessee would lead to denial of exemption u/s. 11 & 13 of the Act and, therefore, the pre-requisite of section 12AA(3) of the Act […]

Anonymous donations- No section 68 addition if Assessee provides complete list of donors

September 15, 2019 2526 Views 0 comment Print

Shanti Niketan Trust Vs ACIT (ITAT Delhi) In the present appeal, the assessee had not only disclosed its donations, but had also submitted a list of donors. The AO proceeded to treat the same as anonymous donations only for the reason that the notices u/s 133(6) of the Act were returned un-served and the assessee […]

Revenue should ensure that it is properly represented by appointing meritorious Advocates: HC

September 15, 2019 1956 Views 0 comment Print

CIT­ Vs M/s. TCL India Holdings Pvt. Ltd. (Bombay High Court) Hon’ble High Court Observed that The issues which arise before this Court have at times huge tax implications and as the decision rendered in one case would have a bearing on all similar matters across the State, the importance of proper appointment is paramount. […]

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