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Judiciary

Breaded Cheese classifiable under Heading 0406; 12% GST applicable

April 18, 2019 1848 Views 0 comment Print

In re Savencia Fromage & dairy Pvt. Ltd. (GST AAAR Uttar Pradesh) Under a residuary entry only such goods are covered which cannot be brought under the various specific entries in the tariff. In other words unless the Department can establish that the goods in question can by no conceivable process of reasoning be brought […]

No GST on reimbursement of delayed payment for purchase of securities

April 18, 2019 2007 Views 0 comment Print

In re SPFL Securities Ltd (GST AAAR Uttar Pradesh) The nature of the delayed payment charges are being summarized below for understanding its taxability under the GST law:- Where the client makes delay (i.e. beyond T+1 statutory time limit for payment as per SEBI regulations) in reimbursing the expense (being purchase consideration of the securities […]

HC allows Interest on Gross amount without Allowing ITC

April 18, 2019 36099 Views 0 comment Print

M/s. Megha Engineering & Infrastructures Ltd. Vs  Commissioner of Central Tax (Telangana High Court) No input tax credit if GST returns not filed, and Interest mandatorily payable on gross tax liability on delayed payment of GST- In the case of M/s. Megha Engineering & Infrastructures Ltd. (Writ Petition Number 44517 of 2018), the High Court […]

Circular Trading / Fraudulent ITC Claim- HC denies Bail

April 18, 2019 7869 Views 0 comment Print

P.V. Ramana Reddy S/o. P. Shankar Reddy Vs Union of India (Telangana High Court) High Court held that without going deep, that the petitioners have allegedly involved in circular trading with a turnover on paper to the tune of about Rs.1,289.00 crores and a benefit of ITC to the tune of Rs.225.00 crores. The GST […]

HC allows set off of ITC received from Construction against GST Payable on Rent

April 17, 2019 111207 Views 1 comment Print

Safari Retreats Private Limited Vs Chief Commissioner of Central Goods & Service tax (Orissa High Court) The case of the petitioners is that the petitioners are mainly carrying on business activity of constructing shopping malls for the purpose of letting out of the same to numerous tenants and lessees. Huge quantities of materials and other […]

ITAT confirms addition for gold jewellery after giving relief as per CBDT Circular

April 17, 2019 1350 Views 0 comment Print

Smt. Archana Agrawal Vs DCIT (ITAT Indore) During the course of search gold jewellery was found and seized from the residence and bank locker owned by the assessee. Gold jewellery weighing 2027 gram was found (1127 gram from residence and 900 gram from locker No.12/29). The assessee was unable to explain the source of the […]

Reassessment on change of opinion on provision for bad & doubtful debts is invalid

April 17, 2019 897 Views 0 comment Print

CIT Vs. M/s. Indian Potash Ltd. (Madras High Court) The Tribunal has recorded a factual finding that the Assessee has disclosed the figure of provision for bad debts and doubtful debts and interest income also in the Profit and Loss Account submitted along with the return of income. Therefore, the Tribunal held that there is […]

ITAT condones Appeal filing delay due to fault of CA

April 17, 2019 1581 Views 0 comment Print

Akshay Jain Vs DCIT (ITAT Delhi) Appeal of the assessee is barred by limitation by 12 days for which the assessee has filed an application for condonation of delay stating that after receiving of the order of the ld. CIT (A) on 22.03.2018, assessee has duly handed over the same to his Chartered Accountant, Shri […]

Classification and rate of GST tax on pen parts

April 17, 2019 13161 Views 3 comments Print

In re Shiva Writing Company Pvt. Ltd. (GST AAAR West Bengal) It is observed that the ‘tips and balls of ball point pens’ are essentially ‘parts of refills’ and the refills are parts of ball point pens. ‘Ball point pens’ are classified under Sub-heading no. 9608 10 attracting tax @ 12% while ‘Refills for ball […]

Transfer Pricing Case Analysis on Inclusion / Exclusion of comparables

April 17, 2019 5394 Views 0 comment Print

Beam Global Spirits & Wine (India) Pvt. Ltd. Vs. DCIT (ITAT Delhi) Brief of assessee’s facts: 1. Beam India (the assessee), a wholly owned subsidiary of Beam USA, was engaged in the production and sale of alcoholic beverages in India. 2. During AY 2008-09, the assessee entered following ITs with its AE along with outcome […]

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