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Judiciary

Nil GST Rate applicable on Rejected wheat and Paddy seeds

March 30, 2019 2187 Views 0 comment Print

1. Rejected wheat seeds are classified under Chapter sub heading 1001 11 00 (Durum) and 1001 91 00 (Others) of the GST Tariff 2017. 2. Rejected paddy seeds are classified under 1006 10 10 of the GST Tariff 2017. 3. The applicable CGST & SGST rate on both the above goods is NIL.

‘Fanta Fruity Orange’ classifiable under GST Tariff Item 22029990

March 30, 2019 5238 Views 0 comment Print

In re M/s. Hindustan Coca-Cola Beverages Private Limited (GST AAR Gujarat) The product ‘Fanta Fruity Orange’ manufactured and supplied by M/s. Hindustan Coca-Cola Beverages Private Limited  is classifiable under Tariff Item 2202 99 90 and Goods and Service Tax rate of 18% (CGST 9% + GGST 9%) is applicable to the said product as per […]

Levy of penalty u/s 271D and 271E in case of non-genuineness of transactions between director and assessee-company

March 29, 2019 4953 Views 0 comment Print

Penalty u/s 271D and 271 E was leviable as there was absolutely no genuinity or bonafideness in the transaction done between the promoter/ director and assessee- company.

While determining sugarcane purchase price profit component to be considered as sharing of profit and rest was deductible expenditure

March 29, 2019 1998 Views 0 comment Print

C.I.T. Bombay Vs Tasgaon Taluka S.S.K.Ltd. (Supreme Court of India) Conclusion: AO was directed while determining sugarcane purchase price paid to the cane growers by the assessee-society to take into account the manner in which the business works, the modalities and manner in which SAP/additional purchase price/final price were decided and to determine what amount […]

General overhead expenses on mall that was work-in-progress to be allowed as per AS-2

March 29, 2019 4887 Views 0 comment Print

M/s. Hagwood Commercial Developers Pvt. Ltd Vs ACIT (ITAT Mumbai) Conclusion: Since assessee had set up the business by acquiring land and obtaining approval for construction of mall and residential complex although the mall had not commenced business till the end of the relevant previous year, therefore, assessee had rightly charged the general overhead expenses […]

U-Bolt and Centre Bolt falls under Tariff Heading 73181500

March 29, 2019 3861 Views 0 comment Print

In re Jamna Auto Industries Ltd (GST AAR Haryana) Q. What is the appropriate classification and applicable rate of the Products namely U-Bolt, Screws Bolts and Nuts, Spring Pins and Bushes manufactured and supplied by the Applicant? Ans. The items U-Bolt and Centre Bolt fall under Tariff Heading 7318 15 00 are taxable at the […]

18% GST on contract for Civil, Structural and PH works services to Govt

March 29, 2019 6720 Views 0 comment Print

he project is about Civil, Structural and PH works for plant and Non Plant Buildings (both RCC and Pre-Engineered Buildings) along with other allied structures for PFFF & ZFF Facilities at Nuclear Fuel Complex – Kota, Rawatbhatta, Rajasthan.

No addition u/s 68 if burden of proof discharged by filing sufficient evidences

March 29, 2019 4512 Views 0 comment Print

ITO Vs M/s Megasun Merchants Pvt. Ltd. (ITAT Kolkata) Conclusion: Since assessee had discharged its onus to prove the identity, creditworthiness and genuineness of the share applicants by filing sufficient evidences and accordingly, the onus shifted to AO to disprove the materials placed before him and as AO failed to do so, addition of share […]

No addition made in the hands of partnership firm on account of capital contributed by partner

March 29, 2019 4749 Views 0 comment Print

M/s Jaylaxmi Land Developers Vs ITO (ITAT Ahmadabad) There cannot be any addition made in the hands of the partnership firm on account of the capital contributed by the partner of the firm to the firm. In case any justification is required for the source of fund in the hands of the partner, then partner […]

Education cess is nothing but an additional surcharge & part of taxes

March 29, 2019 3273 Views 0 comment Print

Article 2(1) of the India-UAE DTAA provides that the taxes covered shall include tax and surcharge thereon. Education cess is nothing but an additional surcharge & is also covered by the definition of taxes.

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