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Judiciary

‘Unicharm’ not passed tax reduction benefit on Sanitary Napkins: NAA

June 26, 2019 1386 Views 0 comment Print

Shri C. P. Rao Vs M/s Unicharm India Pvt. Ltd. (NAA) It is revealed that the Central Govt. vide Notification No.19/2018-Central Tax (Rate) dated 26.07.2018 the Government had reduced the rate of GST from 12% to NIL without ITC in respect of  Sanitary Napkins with effect from 27.07.2018, the benefit of which was required to […]

HC rejects plea that summons can be issued only after CGST Section 73 decision

June 26, 2019 3651 Views 0 comment Print

Madhya Pradesh High Court has rejected the plea that proceedings under Section 70 of the CGST Act, 2017, relating to summons, can only be taken recourse to after decision under Section 73, relating to demand of tax. The High Court in this regard declined to quash the notice for personal hearing.

Benefit of reduction in rate of GST not passed; Anti Profiteering provisions contravened

June 26, 2019 1134 Views 0 comment Print

Mr. Mohammad Azid Ramzani Vs Director General of Anti-Profiteering (National Anti-Profiteering Authority) It is revealed that the Central Govt. vide Notification No.41/2017-Central Tax (Rate) dated 14.11.2017 had reduced the rate of GST from 28% to 18% in respect of the tiles with effect from 15.11.2017. the benefit of which was required to be passed on […]

Reopening of assessment after expiry of limitation period & based on change of opinion is invalid

June 25, 2019 1503 Views 0 comment Print

The interdiction in the proviso appended to section 147 puts an embargo in the exercise of power at the end of the AO in cases where scrutiny assessment has taken place and four years have expired from the end of relevant assessment year. In such cases, the assessment cannot be reopened unless it its demonstrated that income has escaped assessment on account of failure on the part of the assessee to disclose all material facts fully and truly in respect of his assessable income.

Notice issued u/s 148 in the name of deceased assessee was invalid

June 25, 2019 1059 Views 0 comment Print

Notice issued in the name of deceased assessee instead of upon his/her legal representatives was  invalid  as the legal representative not having waived the requirement of notice under section 148 and not having submitted to the jurisdiction of AO pursuant to the impugned notice, therefore, the provisions of section 292B would not be attracted and hence, the notice had to be treated as invalid. 

Reopening U/s. 148 without approval of designated authority is void ab initio

June 25, 2019 1701 Views 0 comment Print

DCIT Vs Bhaijee Portfolio Pvt. Ltd. (ITAT Delhi) In this From the records, it can be clearly seen that the notice has been issued prior to the approval. Thus, reopening u/s 148 is without the approval of the designated authority and as such reassessment itself is bad and without any jurisdiction. The mandatory conditions of […]

Cancer Treatment is reasonable cause for delay in Appeal Filing: ITAT

June 25, 2019 1752 Views 0 comment Print

Assessee was diagnosed with Cancer in December, 2017 and the ld. CIT(A) passed the order on 20.03.2018, which is subsequent to the diagnosis of the illness, needless to mention that treatment of cancer is very painful and it is not possible to focus on other issues when he was under the treatment and therefore in our opinion, there is a reasonable cause for not fling the appeal within the due period and therefore we are of the considered opinion that it is a fit case to condone the delay and accordingly we condone the delay and admit the appeal for adjudication.

GST Payable on subscription received by Banking Institute from RBI for improvement in banking operations 

June 25, 2019 1404 Views 0 comment Print

In re M/s. National Institute of Bank Management (GST AAR Maharashtra) Question 1:-Whether consideration paid as subscription or contribution towards recurring or capital expenses or reimbursement or by whatever name called to National Institute of Bank Management (NIBM); a society registered under Societies Registration Act, 1860 by its members (being Banks) for its recurring and […]

28% GST on mere mounting of body on chassis supplied by owner

June 25, 2019 2808 Views 0 comment Print

In re M/s Tata Marcopolo Motors Ltd. (GST AAR Karnataka) i. The supply of ready built body and the activity of mere mounting the body on chassis supplied by the owner amounts to supply of goods and merits classification under HSN 8707, attracting 28% of GST. ii. The activity of step by step building of […]

GST on oil used for lighting lamp for God

June 25, 2019 21096 Views 0 comment Print

What is rate of tax for ‘Non- perfumed Deepam Oil’ which is prepared by mixing Gingely Oil, Palmoline Oil, Rice Bran Oil or any one oil without perfurme or chemical and used for lighting lamp for God (not for cooking) with HSN Code?

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