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Judiciary

Services closely related to distribution of electricity are exempt from GST

March 29, 2019 1506 Views 0 comment Print

In re Uttarakhand Power Corporation Ltd. Dehradun. (GST AAAR Uttarakhand) The appellate authority modified said advance Ruling to the following extent: (i) In addition to services listed in serial nos 1, 2, 12, 14 & 18, six other services listed at serial nos. 3, 10,13,17 and 21 (being directly or closely related to the main […]

Karnataka HC allows revision of GST Tran-1 for non-technical errors

March 28, 2019 15114 Views 2 comments Print

M/s. Kongovi Private Limited Vs. Union of India (Karnataka High Court) The petitioner was aggrieved by the action of the Revenue in not permitting it to correct an error which occurred when filing Form GST TRAN-1, due to which the eligible credit under the earlier indirect tax law could not be transferred to the electronic […]

TPO cannot suo-motu assume jurisdiction to determine ALP price of SDT not referred to him

March 28, 2019 1734 Views 0 comment Print

Hon’ble Bombay High Court (HC) held that the transfer pricing officer (TPO) cannot suo-motu assume jurisdiction to determine the arm’s length price (ALP) of specified domestic transactions (SDT) not referred to him.

Manual Appeal Filing instead of E-Filing – ITAT allows to remove defect

March 28, 2019 1980 Views 0 comment Print

Shri Devendra Agarwal Vs ITO (ITAT Jaipur) As regards the maintainability of the appeal for want of e-filing, we note that the ld. CIT(A) except giving the reasons in the impugned order did not raise this defect by issuing any notice or otherwise for rectification of the same on the part of the assessee. Though […]

Web hosting charges are not in the nature of royalty: ITAT

March 28, 2019 23091 Views 0 comment Print

Web hosting charges are not in the nature of royalty and accordingly not covered within the scope of Explanation 2 (iva) of section 9(1)(vi)

Section 54F exemption allowable if construction completes within a period of three years from the date of transfer of original asset

March 28, 2019 2772 Views 0 comment Print

Shri Sohanlal Mohanlal Bhandari Vs ACIT (ITAT Pune) Adverting to the facts of the instant case, it is seen from pages 5 and 6 of the impugned order that the assessee acquired land in two parts for construction of a new residential house, viz, the first part of the plot purchased on 11.10.2010 and the […]

Revision of declaration in FORM GST TRAN- 1 can be made once: HC

March 28, 2019 996 Views 0 comment Print

Atria Convergence Technologies Ltd Vs Union of India (Karnataka High Court) The Rule 120A provides for revision of declaration. In the event of the registered person who had submitted a declaration electronically in FORM GST TRAN-1, intends to revise such declaration once, this provision can be invoked. This provision makes it clear that the revision […]

Interest on Loan taken to repay previous home loan allowable

March 28, 2019 1257 Views 0 comment Print

Deduction of interest u/s 24B allowable when loan borrowed to repay previous loan taken for the construction of residential unit.

Inseparable Goods sent for job work & consumed in process is not supply

March 28, 2019 3687 Views 0 comment Print

Return of the galvanised goods to the Applicant satisfies the condition of receiving back the inputs in accordance with section 143(1 )(a) of the GST Act. As the goods like furnace oil, zinc etc – consumed in the process of galvanising – are inseparable from the galvanised goods, they should not be treated as supply in terms of section 143(3) of the GST Act, provided they have been entirely used up in the process of galvanising.

Rates of GST on various services provided by club

March 28, 2019 10743 Views 0 comment Print

In re The Bengal Rowing Club (AAR West Bangal) Supply of food, by way of or as part of any service or in any other manner whatsoever, from the Applicant’s restaurant is classifiable under SAC 9963 and taxable under Sl No. 7(i) or 7(iii) of the Notification No. 11/2017-CT (Rate) dated 28/06/2017 (corresponding State Notification No. […]

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