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Judiciary

No expenditure against exempt income to be disallowed in absence of exempt income

April 3, 2019 1914 Views 0 comment Print

Where there was no dividend income earned during the relevant assessment year, there was no case for disallowing the expenditure relatable to dividend income.

ITC on GST charged by Contractor for hiring of buses for transportation of employees

April 3, 2019 22293 Views 0 comment Print

In re YKK India Pvt Ltd (AAAR Haryana) 1. Whether the applicant (YKK) is eligible to take input tax credit on GST charged by the Contractor for hiring of buses for transportation of employees? Yes, applicant is eligible to take input tax credit on GST charged by the Contractor for hiring of buses having approved […]

GST on Turbine Generator set to execute waste to energy project awarded by Govt

April 3, 2019 1902 Views 0 comment Print

In re M/s Triveni Turbine Limited (GST AAAR Karnataka) The appallate authority for advance ruling has set aside the rulings passed under section 98(4) of the CGST Act 2017 vide NO.KAR.ADRG 28/2018 dated 17/11/2018 i.e. Contention of the appeallant is allowed based on the Circular No 80/54/2018-GST dated 31.12.2018, at Para 11, has clarified that […]

‘Month’ for TDS Default penalty means 30 Days, not British Calendar Month

April 2, 2019 6093 Views 0 comment Print

E.I. DuPont India P. Ltd. Vs DCIT (ITAT Delhi) AO had taken the month to be the British calendar month as defined in Section 3(35) of the General Clauses Act and it is only on that premise, he calculated one day in March and two days in May as two full months and calculated interest […]

Commencement of property construction prior to transfer of original asset not an impediment for section 54F exemption

April 2, 2019 3681 Views 0 comment Print

The Delhi High Court in case of Bharti Mishra held that section 54F prescribes appropriation of sale consideration within one year before the date of transfer of original asset, two years from the date of transfer or construction of new property within three years from the date of transfer. However, the Act does not prescribe any condition as to the date of commencement of construction of house property which may be commenced even before the date of transfer of original asset.

GST on composite works contract supply for construction service to prospective lessee

April 2, 2019 2298 Views 0 comment Print

In re M/s Nagpur Integrated Township Private Limited (GST AAR Maharashtra) We find that the applicant has in their application mentioned that ‘Applicant is developing the property by construction of Commercial & residential units and integrated facilities and is having exclusive rights to design, finance and develop the property and lease/assign/transfer same to prospective customers […]

GST Penalty & interest order passed by dept is appellable

April 2, 2019 2145 Views 0 comment Print

The writ petition is directed against the order passed under Section 73 (9) of the U.P. GST Act, 2017 dated 21.1.2015 by the Deputy Commissioner, Commercial Tax, NOIDA and the consequential order of penalty and interest thereof. The aforesaid order is appellable under Section 107 of the U.P. GST Act.

IIM does not require accreditation for its Courses: CESTAT dropped service tax demand

April 2, 2019 3231 Views 0 comment Print

M/s Indian Institute of Management Vs C.S.T.-Service Tax (CESTAT Ahmedabad) Ahmedabad CESTAT has dropped demand of service tax amounting to Rs. 56 crore of Indian Institute of Management (IIM) Ahmedabad under the service commercial training & coaching service stating that IIM A does not require any accreditation from running course. CESTAT held that recognition by […]

Bank guarantee commission not liable to TDS u/s 194H

April 2, 2019 2277 Views 0 comment Print

TDS u/s 194H was not applicable to bank guarantee commission as the same did not fall into clause (i) of Explanation to section 194H and exemption was provided under section 194A(2)(iiia) in respect of any payment made to any banking company to which any Banking Regulation applies. 

SC upheld presumption of investment out of interest free funds

April 2, 2019 3558 Views 0 comment Print

Presumption that investment is made out of interest free funds is possible when Interest free funds is available with the assessee.

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