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Judiciary

GST on profit sharing agreement between employee and shareholders

May 21, 2019 9975 Views 0 comment Print

In re Venkatasamy Jagganathan (GST AAR Tamil Nadu) Will the profit sharing agreement between the applicant as an employee and the shareholders, attract GST in his hands? The Profit Sharing Agreement between the applicant ad various shareholders of SHA is an actionable claim and is as neither a supply of goods nor a supply of […]

GST not payable on composite supply of health care treatment

May 21, 2019 3933 Views 2 comments Print

In re Terna Public Charitable Trust (GST AAR Maharashtra) Question 1:- Whether the supply of medicines, surgical items, implants, consumables and other allied items provided by the hospital through the hospital owned pharmacy, as well as food, room on rent to the in-patients is part of composite supply of health care treatment; and hence not […]

No TDS u/s 194H on bank charges for credit card payments

May 21, 2019 1107 Views 0 comment Print

Airport Retail P. Ltd. Vs DCIT (ITAT Mumbai) Conclusion: Payments towards bank charges for credit card payments were not liable for TDS under section 194H as the same was not a commission. Held:  Assessee had made payments towards bank charges for credit card payments . AO made the additions as assessee made payment  without deduction […]

Penalty on the grounds of retrospective amendment not justified

May 21, 2019 5448 Views 0 comment Print

DCIT (E) Vs Baroda Cricket Association (ITAT Ahmedabad) Article 20(1) of the Constitution of India provides certain protection in this regard which states that no person can be convicted for any offence except for a violation of a law in force at the time of action charged an offence, nor be subjected to a penalty […]

GST on iron import for conversion into pellets & export back to supplier

May 21, 2019 3126 Views 0 comment Print

In re M/s Chowgule & Co Pvt. Ltd. (GST AAR Goa) Q1. Whether IGST at 5% of assessable value is applicable on import of iron for conversion into pellets and export the resultant product (Iron ore pellets) back to same supplier in view of the fact that import duty is not applicable in view of […]

No addition u/s 68 merely on information from investigation wing

May 21, 2019 3015 Views 0 comment Print

Addition under section 68 on basis of information received from investigation wing as to assessee having received share application money from alleged entry operator was not justified as assessee had filed sufficient evidences and details to prove identity and creditworthiness of share application and genuineness of transaction of receipt of share application money

Date of payment of self-assessment tax cannot be treated as date of filing appeal

May 20, 2019 1515 Views 0 comment Print

Since AO and wrongly took the date of deposit of self-assessment tax as date of filing of appeal whereas date of self-assessment tax payment had to be treated as the date of removal of defect in the appeal as originally filed, thus, once defect of remittance of self-assessment tax stood removed, CIT(A) was required to adjudicate the appeal on merits as the same was filed within prescribed period of 30 days from the receipt of order of AO.

HC orders release of vehicle seized which was not carrying Invoice & e-Way Bill

May 20, 2019 6126 Views 0 comment Print

Mkc Traders and Another Vs State of U.P. (Allahabad High Court) A perusal of the seizure order and the order passed under Section 129(3) of the Act for the release of the goods reveal that the transporter has not been assigned any role in the entire transaction which had led to the seizure of the […]

Exemption to GTA services available for transportation of biscuits

May 20, 2019 1875 Views 0 comment Print

CESTAT Allahabad has held that exemption to GTA services for transportation of foodstuff will apply to biscuits as well. The Tribunal observed that the size and time of eating biscuits may change but nevertheless biscuit is a food item.

Addition for capitation fee as unaccounted money not sustainable when assesse proves non-payment of same by him

May 20, 2019 1146 Views 0 comment Print

Sudarshan Kumar Jain Vs DCIT (ITAT Delhi) I find the son of the assessee Dr. Sandeep Jain who appeared before the Assessing Officer had categorically stated that whatever amount has been paid towards admission and donation/capitation fee has been paid by him. He and his wife are doctors since 1996 and have sufficient source to […]

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