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No export if both Place of service supplier & supply of service is in India

August 29, 2019 2160 Views 0 comment Print

In re M/s Syngenta Bioscience Private Limited (GST AAR Goa) 1. Whether the activity of on the technical testing services carried out by the applicant be treated as ‘zero-rated supply’? In The instant case, the goods on which technical testing is carried out are made available to the applicant in India and are not exported […]

GST rate on Railway seat and parts thereof exclusively used by Railways

August 29, 2019 4293 Views 0 comment Print

In re M/s Sutlej Coach Products Pvt. Ltd. (GST AAR Punjab) Central Board of Excise & Customs has also vide Circular No. 15/90-CX.1 dated 07.05.1990 issued from F.No. 13/2/90-CX.1, has clarified that seats used in Railway Coaches are correctly classifiable under heading 9401, The applicant prior to GST regime were also classifying their product ‘Seats […]

HC allows refund of IGST after adjusting higher rate of duty drawback

August 29, 2019 3849 Views 0 comment Print

G NXT Power Corp Vs Union of India (Kerala High Court) After hearing the counsel on the adjustment, the Court has suggested refund of IGST after adjusting the higher rate of duty drawback availed by the petitioner without refunding IGST amount. The counsel have consented to disposing of the writ petition by this order: a) […]

Section 68 not applies to Swapping of shares

August 28, 2019 3174 Views 0 comment Print

This is a simple case of acquiring shares of certain companies from certain shareholders without paying any cash consideration and instead the consideration was settled through issuance of shares to the respective parties. That is, section 68 of I.T. Act, 1961 does not apply to cases of purchase of share assets and allotment of shares by the appellant when purchase and allotment are under a barter

Power to attach Bank Account provisionally-Irregular availment of ITC

August 28, 2019 3066 Views 0 comment Print

Pranit Hem Desai Vs Additional Director General (Gujarat High Court) Section 83 of the State GST Act empowers the Assessing Authority to make a provisional attachment of any property of the assessee during the pendency of any proceeding for the assessment or reassessment of any turnover, even though there is no demand outstanding against the […]

No Section 14A disallowance if Assessee not used borrowed fund to make investment

August 28, 2019 1719 Views 0 comment Print

The question raised in appeal is challenging the action of CIT(A) in confirming the addition made on account of Section 14(A) r.w.s. 8D(2)(ii)&(iii) of the Rules.

No Capital Gain arises if Permissive Possession Not handed Over to Builder during Concerned Year in case of JDA

August 28, 2019 3087 Views 0 comment Print

The issue under consideration is whether the capital gain will be chargeable in case of JDA even if Permissive possession was not handed over to builder during the concerned year?

No fundamental right to import and quantitative restrictions can be imposed

August 28, 2019 2712 Views 0 comment Print

Chailbihari Trading Pvt Ltd. Vs Union of India (Bombay High Court) The Bombay High Court has held that there is no fundamental right to import poppy seeds and quantitative restrictions can be imposed as per the National Policy on Narcotic Drugs and Psychotropic Substances, controlled by the Narcotic Drugs & Psychotropic Substances Act, 1985 which […]

Addition not maintainable on the basis of mere statement recorded during survey

August 28, 2019 5175 Views 0 comment Print

 Statement recorded during survey, under section 133A, does not have a evidentiary value on its own and, therefore, no addition was maintainable on the basis of statement recorded during the course of survey as there was no evidence supporting the statement.

Excess stock already accounted by Assessee before search cannot be taxed as undisclosed Income

August 28, 2019 3891 Views 0 comment Print

ACIT Vs New Horizons Limited (Kolkata High Court) It is observed that physical verification of stock was carried out by the assessee-company in the month of January and February, 2015 as a matter of internal control and surplus stock of Rs.4,70,54,450/- found on such physical verification was duly incorporated by the assessee-company in its books […]

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