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Judiciary

Delhi HC upholds Vires of FCRA 2010; CBI can Investigate

August 23, 2019 2841 Views 0 comment Print

M/s Advantages India & Anr Vs Union of India & Ors (Delhi High Court) This Court is of the opinion that there is a principle and/or policy for guidance of exercise of discretion by the Government in the matter of selection of an investigative agency and there is no arbitrary, vague and uncontrolled power with […]

Rule 8D not applicable if AO not recorded satisfaction

August 23, 2019 2901 Views 0 comment Print

Pr. CIT Vs Vedanta Limited (Delhi High Court) It is apparent that the Assessing Officer without examining, commenting and rejecting the disallowance made by the respondent-assessee had applied Rule 8D as compulsory and universally applicable rule where the assessee has earned exempt income. However, Rule 8D cannot be invoked and applied unless the Assessing Officer […]

Tunnel construction & related work not falls under earth work so not eligible for concessional GST rate

August 23, 2019 2265 Views 0 comment Print

In re Soma-Mohite Joint Venture (GST AAR Maharashtra) Question: – 1. Whether the said Contract is covered under SI NO -3A , Chapter No 99 as per Notification No 2/2018 -Central Tax (Rate) dated 25/01/2018, w.e.f 25/01/2018 ? Answer:- Answered in the negative. Question: – 2. Whether the said contract is covered under the term “Earth Work” and […]

GST: Service relating to conduct of online exam is composite supply

August 23, 2019 11010 Views 0 comment Print

In re Attest Testing Services Limited (GST AAR Maharashtra) Question a):- Whether the services provided by the Applicant can be considered to be a composite supply as defined under section 2(30) of the CGST Act, 2017 or a mixed supply defined under section 2(74) of the CGST Act. 2017? Answer:-The subject services provided by the Applicant […]

18% GST Payable on transportation services forming part of composite works contract

August 23, 2019 10338 Views 0 comment Print

In re Siemens Limited (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling held as under: From the conjoined and harmonious reading of various clauses of Third contract and Fifth contract awarded to the appellant and their interdependency under the whole contract comprising of six contracts, it can be safely concluded that the agreement for setting […]

GST on reimbursement of expenses by foreign company to Indian entity

August 23, 2019 61182 Views 0 comment Print

In re Maansmarine Cargo International LLP (GST AAR Maharashtra) Whether GST is applicable on reimbursement of expenses such as salaries, rent, office expenses, travelling cost etc.? Applicant is not a pure agent. In the subject case the applicant is making payments to vendors for supply received by them. The applicant is not making payment to […]

GST rate on aircraft sale not determined by AAR as intended use is not known

August 23, 2019 9549 Views 0 comment Print

In re B. G. Shirke Construction Technology Pvt. Ltd. (GST AAR Maharashtra) Question: – What is the applicable rate of GST on sale of aircraft by an NSOP holder to a private company who have applied for NSOP license, to be used for purposes such as corporate leisure, pilgrimage, cargo chartered flights? +The applicant has […]

Interest payable on Delay in Tax payment due to disclosure of STCG as LTCG

August 22, 2019 2817 Views 0 comment Print

Tushin T. Mehta Vs CCIT (Madras High Court) The writ petitioner’s father late Mr. Tushaar Mehta voluntarily filed his return of income for the assessment year 1996-97 on 28.03.1997 admitting the total income of Rs.11,06,129/-. The assessee had claimed long term capital gains of Rs.3,26,813/- on sale of property made during that year. The property […]

MAT provisions u/s 115JB were applicable to company eligible for Section 10AA benefit

August 22, 2019 10320 Views 0 comment Print

AO was justified in bringing book profit u/s 115JB determined to tax inspite of assessee-company eligible for section 10AA benefit as on combined reading of provisions of sub-section (5) and (6) of section 115JB, it was clear that the MAT provisions had been specifically made applicable to assessee company in respect of its income from business carried on in its SEZ Unit for assessment year 2012-13 and onwards.

Addition on non-CASS issues without obtaining due permission from superior authorities not sustainable

August 22, 2019 2073 Views 0 comment Print

Addition on non-CASS issues made without obtaining due permission from superior authorities was in contravention of CBDT guidelines and, therefore, could not be sustained.

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