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Judiciary

GST TDS provisions applicable only to persons specified U/s. 51(1)(d)

June 19, 2019 2745 Views 0 comment Print

In re Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd. (GST AAR Rajasthan) Central Government by way of Notification No. 50/2018 (Central Tax) dated 13.09.2018 appointed the 1st day of October, 2018, as the date on which the provisions of section 51 of the said Act shall come into force with respect to persons specified under […]

Surveying Indian market for foreign group co. is mixed supply of Research and Development services

June 19, 2019 1989 Views 0 comment Print

The service supplied by the Respondent under the Marketing Services Agreement dated 1 December 2012 constitutes a mixed supply of Services falling under the Heading Research and Development services having SAC 9981, under the Heading Other professional, technical and business services bearing SAC 9983, and under the Heading other miscellaneous services bearing SAC 9997.

Property to be attached only after notice & assessment under GST Law

June 19, 2019 1344 Views 0 comment Print

Cengres Tiles Ltd. Vs State of Gujarat (Gujarat High Court) The Gujarat High Court has held that only after the notice is served under Section 46 of the CGST Act and the assessment is done by the proper officer under Section 62, can the goods and the bank accounts of the taxable person be attached […]

FIR can be lodged under Code of Criminal Procedure for GST offences

June 18, 2019 25503 Views 0 comment Print

The contention of the petitioner  that no FIR report can be lodged under the provisions of the Code of Criminal Procedure for offences punishable under the IPC, as  proceeding could only be drawn against him under the U.P. GST Act,  2017, is  rejected.

HC condones reasonable delay in Appeal Filing due to Non-Communication of order to Trustee

June 18, 2019 1725 Views 0 comment Print

Aeren Foundation Trust Vs Commissioner of Central CGST (Bombay High Court) The record indicates that the order in the appeal was duly served at the office of the appellant on 20th July 2017. Even the appellant admits that the order in the appeal was so received by some staff member of the appellant Trust. Accordingly, […]

No addition U/s 68 for Normal donation received by trust even if anonymous

June 18, 2019 3858 Views 0 comment Print

Shree Shiv Vankeshawar Educational & Social Welfare Trust Vs ACIT (ITAT Delhi) Admittedly the assessee has received a donation of INR 16265000/– from 1038 individuals and ld CIT (A) has noted that same is credited to the income and expenditure account of the assessee, However ld AO has noted that same is credited as Corpus […]

Mere upload of order on SEBI website not amounts to service of order: SAT

June 18, 2019 1140 Views 0 comment Print

Dr. Prannoy Roy & Ors. Vs SEBI (SAT) it is essential for SEBI to supply a copy of the impugned order to the aggrieved party, namely, the appellants. An adjudication proceeding had been initiated by SEBI by issuance of the show cause notice. The appellants thus have the first right to be supplied a copy […]

Lorry Booking Agent not liable to deduct TDS on freight charges

June 18, 2019 4653 Views 0 comment Print

Assessee had incurred only office expenditure and no expenditure relating to transportation of goods such as loading, unloading charge etc., has been debited, we are of the considered opinion that the assessee actually engaged himself not in the transportation business, but only facilitating or arranging transportation for various parties and he is a mere lorry booking agent. We, therefore, are of the opinion that the assessee cannot be held as the person responsible for deduction of tax at source and to the facts of the case the provisions under section 194C of the Act have no application.

Section 54F | Computation of holding period | Allotment date or Possession date

June 18, 2019 4194 Views 0 comment Print

From ‘date of allotment’ of capital asset, i.e., 15-2-2007 the holding period was more than 36 months on sale of property on 4-8-2010 as such, revenue authorities were not justified in treating the holding period from date of registration of property, i.e., 30-9-2009 and treating it as short-term capital gains, deduction under section 54F was, therefore, allowable.

Extinguishment of rights in capital asset is transfer of capital asset

June 18, 2019 28902 Views 0 comment Print

ACIT Vs Ashwin S. Bhalekar Beamon Chambers (ITAT Mumbai) Claim of the assessee that extinguishment of rights in the capital asset is a transfer of capital asset and  capital gains and consequent allowance of claim of deduction under section 54 of the Act. The facts clearly show that the extinguishment of assessee’s right in Flat […]

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