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Judiciary

Gains to shareholders due to buy-back of shares amounted to dividend not capital gain

July 15, 2019 4332 Views 0 comment Print

Shares purchased pursuant to the order of Company Court would not amount to capital gain and rather to be treated as a dividend.Whenever a company distributes its profits to its shareholders, the profit so disbursed, will amount to dividend and Dividend Distribution Tax at 15% was required to be paid by assessee u/s 115O.

ALP of corporate guarantee cannot be determined by comparing with bank guarantee

July 15, 2019 2820 Views 0 comment Print

CIT Vs M/s. Glenmark Pharmaceuticals Ltd. (Supreme Court of India) Hon;ble Supreme Court Upheld the Judgment of Hon;ble HIgh Court and held that Arm’s length price of corporate guarantee could not be determined on the basis of comparison with bank guarantee and as such, High Court rightly affirmed the view taken by ITAT deleting the […]

HC allows Taxpayer to pay sales tax arrears in 12 monthly installments

July 15, 2019 930 Views 0 comment Print

Under normal circumstances, a person, who secured the facility of payment by installments and who committed default in complying with the same, may not be entitled to any indulgence. But, the facts of the case are little peculiar. It is seen from the representation made by the petitioner that the petitioner became a sick company from the year 2011 and their account was declared as Non-Performing Asset by the State Bank of India.

Separate GST registrations can be given to multiple companies functioning in a co-working space

July 15, 2019 15186 Views 0 comment Print

In re M/s. Spacelance Office Solutions Pvt. (GST AAR Kerala) Can GST registrations allowed for multiple companies from same address, provided they follow all GST rules related to ‘Principal place of business’? These are start-up companies in service sector, where no stock has to be maintained. Separate GST registration can be allowed to multiple companies […]

Part of fishing vessels are taxable @ 5% GST

July 15, 2019 2433 Views 0 comment Print

In re M/s Gurudev Metal Industries (GST AAR Krala) Propeller, Shaft/SS road, Gun metal bush/bearing, Sniffing box, Brass Tube/SS Tube, Rudder Shaft and Blade, Sea Cork/Water Strainer, GM Gate Valve, MS Pipe, Propeller Nut/GM Nut, Coupling, SS Rods & Square, SS Flat, GM Gland and Ring and MS Plate used as parts of fishing / […]

12% GST applicable on Flavoured Milk: AAR Andhra Pradesh

July 15, 2019 3813 Views 0 comment Print

The HS code for flavoured milk is 2202 9930 and the GST rate is 12% ( 6% CGST and 6% SGST) under entry no. 50 of Schedule II of Notification No. 1/2017 – Central (Rate) dated 28.06-2017 as amended.

12% GST applicable on outward supply of “Flavoured Milk”

July 15, 2019 16611 Views 0 comment Print

In re M/s Sri Chakra Milk Products LLP. (GST AAR Andhra Pradesh) What is the rate of GST applicable on outward supply of Flavoured Milk? ‘Flavoured milk‘ is classifiable under tariff item 2202 9930 of the First Schedule to the Customs Tariff Act, 1975 as a beverage containing milk under HS code 2202. The rate […]

No Penalty for Rejection of Bonafide Claim

July 15, 2019 1167 Views 0 comment Print

Pr. CIT Vs Shamrao Vithal Co-Op Bank (Bombay High Court) The division bench of the Bombay High Court has held that penalty cannot be levied under the Income Tax merely on the ground that a deduction claim was rejected by the department. The assessee is a Co-operative Bank. For the relevant A.Y under consideration, the […]

Reassessment on Investigation Wing report without further enquiry was invalid

July 14, 2019 2781 Views 0 comment Print

Reassessment under section 147 on the basis of report of Investigation Wing without conducting further enquiry on the same was invalid and liable to be set aside.

No order of CIT(A) was valid if it failed to comply rule 46A while admitting additional evidences

July 14, 2019 2454 Views 0 comment Print

Since CIT(A) had admitted additional evidences without complying with rule 46A which was fatal to sustaining of appellate order passed by CIT(A), therefore, the matter was restored to CIT(A) for fresh adjudication.

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