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Judiciary

Open portal to enable Petitioner to file TRAN-1 or accept manually: HC

July 30, 2019 870 Views 0 comment Print

Vass Impex Vs Union of India & Ors. (Delhi High Court) in CBIC circular dated 3rd April, 2018 It has been decided that all such taxpayers, who tried but were not able to complete TRAN-1 procedure (original or revised) of filing them on or before 27.12.2017 due to IT-glitch, shall be provided the facility to […]

AAR Rajasthan allows ‘Gifts on Airline Solutions’ to withdrawn application

July 30, 2019 1005 Views 0 comment Print

In re M/s Gifts on Airline Solutions Pvt. Ltd. (GST AAR Rajasthan) Classification of any goods or services or both. Admissibility of Input Tax credit of Tax paid or deemed to have been paid. Determination of the liability to pay tax on any goods or services or both. Since the applicant has withdrawn the application, […]

NI Act: Section 143A is prospective in nature: SC

July 30, 2019 6786 Views 0 comment Print

G.J. Raja Vs Tejraj Surana (Supreme Court in India) The provisions contained in Section 143A have two dimensions. First, the Section creates a liability in that an accused can be ordered to pay over upto 20% of the cheque amount to the complainant. Such an order can be passed while the complaint is not yet […]

No addition of unexplained credit u/s 68 without prima-facie enquiry by AO

July 29, 2019 2163 Views 0 comment Print

Addition made under section 68 on account of share capital received by assessee as unexplained credit was to be deleted in absence of any material or inquiry conducted by  AO that the issuing companies were non-existing entities or a paper company and AO had not brought material on record to dislodge the veracity of the evidences filed by assessee. 

No deemed rent u/s 23(1)(a) if actual rent received or receivable is less than ALV

July 29, 2019 4359 Views 0 comment Print

Where the property or any part of the property is let and was vacant during the whole or part of the previous year and owing to such vacancy, the actual rent received or receivable is less than ALV, the sum so received or receivable during the year is less than the sum received or receivable during year shall be annual value, then no deemed rent could be assessed. 

Sec 54F date of agreement to sell can be considered as date of transfer 

July 29, 2019 17856 Views 0 comment Print

Once an agreement to sell is executed in favour of some person, the  said person gets a right to get the property transferred in his  favour and, consequently, some right of the vendor is extinguished. Therefore, the agreement to sell which had been executed on 13th August 2010 was considered as the date on which the property, i.e. the agricultural land, had been transferred instead of 3rd July 2012 on which the sale-deed came to be executed and assessee was entitled to claim the benefit of section 54F as it had invested in purchase of residential house on 22nd April 2010 which was within the prescribed time limit.

UP AAR allowed Cliantha Research to withdraw application

July 29, 2019 5559 Views 0 comment Print

In re Cliantha Research Limited (GST AAR Uttar Pradesh) Question  :- Whether the ‘Clinical Research’ services provided by them to entities located outside India is liable to CGST and SGST or IGST or is it eligible to be treated –as an export of service under section 2(6) of the IGST Act, 2017? Answer  :- In […]

AAR applicable cannot be admitted if question raised in application is already pending with state tax authorities

July 29, 2019 513 Views 0 comment Print

In re Wave Distilleries and Beverages Ltd. (GST AAR Uttar Pradesh) Whether Notification No. 31/2017 dated 13th Oct. 2017 is applicable on them? The application shall not be admitted as per the provisions of section 98(2) of CGST Act, 2017, as the question raised in the application is already pending with the state tax authorities, Aligarh. FULL […]

GST Payable on execution related to transmission system of RVPN for customers

July 29, 2019 3591 Views 0 comment Print

In re M/s Rajasthan Rajya Vidyut Prasaran Nigam Limited (GST AAR Rajasthan) 1. Whether facilitating the execution of works requiring modification/ augmentation/ shifting/ additions to the transmission system of RVPN at the specific request of the consumer/intending agency under Deposit Work is a `Supply’ in terms of Section 7 of the CGST Act, 2017? Facilitating […]

Delay in TDS deposit without reasonable cause punishable with imprisonment & fine

July 28, 2019 4389 Views 0 comment Print

Deposit of TDS deducted to the credit of the Central Government with delay of 12 months without having reasonable cause was punishable with rigorous imprisonment of 3 months and fine of Rs.5,000/­ (Rs. Five Thousand only) each for having committed offence..

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