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Judiciary

18% GST payable on railway pushing and towing service: AAR

June 25, 2019 3861 Views 0 comment Print

In re Champa Nandi (M/s Industrial Handling) (GST AAR West Bangal) Art 366(20) of the Constitution excludes from the ambit of ‘railway’ only (a) a tramway wholly within a municipal area and (b) any line of communication wholly situates in one State and declared by Parliament by law not to be a railway. The Parliament […]

18% GST payable on land filling and site preparation work: AAR

June 25, 2019 8064 Views 0 comment Print

In re Ashis Ghosh (GST AAR West Bengal) In terms of the description of the work, contained in the work orders, the Applicant is required to fill in the foundation or plinth by silver sand in layers and consolidating the same by saturation with water ramming. The work also involves earth work for filling in […]

GST: Ancillary supplies shall take colors from principal supply

June 25, 2019 2748 Views 0 comment Print

In this case stock broking service is the principal supply and all other ancillary supplies shall take colors from the principal supply itself and it shall be classified as principal supplies i.e. Stock Broking Services.

GST paid on inward supply of motor vehicles for supplying rent-a-cab service not admissible

June 25, 2019 2595 Views 0 comment Print

GST paid on the [inward supply] of motor vehicles for supplying rent-a-cab service is not admissible for credit in terms of section [17(5)(a)] of the GST Act.

Conversion of partnership firm into company | Capital asset Revaluation | Enhanced amount treated as loan | Taxation

June 25, 2019 5517 Views 0 comment Print

By crediting enhanced value of land, which belonged to assessee-firm to current account of partners of firm and by treating it as loan from the partners in account of company, there was violation of provisions contained in clauses (a) and (c) of proviso to section 47(xiii). Therefore, the said transaction would amount to transfer of capital asset within the purview of section 45 and thus, the profits or gains obtained by transfer of asset by firm to company would be treated as capital gains.

GST on lodging alongwith food – Composite supply?

June 25, 2019 3483 Views 0 comment Print

In re M/s Sarj Educational Centre (GST AAAR West Bangal) Whether service to the students for lodging along with food is a composite supply within the meaning of section 2(30) of the GST Act The West Bengal Authority for Advance Ruling (hereinafter referred to as the WBAAR’) has passed an advance ruling by an order […]

In absence of valid notice, AO has no authority to assume jurisdiction U/s. 147 

June 25, 2019 2787 Views 0 comment Print

The notice under section 148 of the Act, which is a jurisdictional notice, has been issued to a dead person. Upon receipt of such notice, the legal representative has raised an objection to the validity of such notice and has not complied with the same.

Stay of Demand: HC reduces tax deposit to 10% of disputed demand

June 24, 2019 7200 Views 0 comment Print

While praying for stay of demand raised pursuant to the order under Section 143(3) of the Act, the writ-applicant contended that the case was one of high pitched assessment. The writ-applicant also pointed out his poor financial condition. The writ-applicant submitted before the Income Tax Officer that even the deposit of 20% of the total amount was beyond his financial capacity.

Cenvat Credit of Swachh Bharat Cess paid on input services is available

June 24, 2019 8301 Views 0 comment Print

Swachh Bharat Cess paid on input services has to be available as Cenvat Credit and the same can be discharged by utilising Cenvat Credit and assessee was therefore entitled for the refund of it.

Validity of addition on issue which was not the basis for selection of case under CASS

June 24, 2019 4842 Views 0 comment Print

In the absence of any permission received from Pr. CIT or the CIT, there was no merit in the order of AO in making addition on an issue which was not the basis for selection of case under CASS.

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