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Judiciary

AAR Ruling on GST Rate on tobacco leaves in different Situation

March 26, 2019 720 Views 0 comment Print

In re M.L. Tobacco Developers Private Limited (GST AAR Andhra Pradesh) (a) What is the rate of GST applicable on tobacco leaves procured at tobacco auction platforms or directly from farmers, which are cured and dried by farmers themselves? The GST Rate of tax for the tobacco leaves procured at tobacco auction platforms or directly […]

Employer/employees/contribution towards PF before due date of filing of return U/s. 139(1) allowable

March 26, 2019 4695 Views 0 comment Print

A.T.E. Pvt. Ltd. Vs ACIT (Bombay High Court) In this case, admittedly, the payments have been made beyond the due date as prescribed in the relevant Act, under which the aforesaid payments have been made. However, it is also undisputed that the payments have been made before the due date for fling the return of […]

AAR Ruling on Rate of GST on tobacco leaves

March 26, 2019 2250 Views 0 comment Print

In re M. L. Agro Products Private Limited (GST AAR Andhra Pradesh) (a) What is the rate of GST applicable on tobacco leaves procured at tobacco auction platforms or directly from farmers, which are cured and dried by farmers themselves? The GST Rate of tax for the tobacco leaves procured at tobacco auction platforms or […]

GST rate on Sell of tobacco Leaves after grading of the same

March 26, 2019 1734 Views 0 comment Print

What will be the applicable rate of tax if the applicant segregates the tobacco into grades depending upon their size (width), colour /shade, length, texture of the leaf etc., and sells such graded tobacco leaf? 5% (2.5% SGST + 2.5%CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax (Rate) dated 28.06.2017.

GST payable on Freight amount inclusive of diesel Cost

March 26, 2019 7545 Views 1 comment Print

In re Shri Nawodit Agarwal (GST AAR Chhattisgarh) Do we need to charge GST on Freight amount excluding diesel cost or on total amount which is inclusive of diesel cost? In the instant case as has been the contention of the applicant, the service recipient i.e. M/s. Shree Raipur Cement, C.G is providing diesel to […]

GST ITC on Motor Car purchased for Demo purpose

March 26, 2019 7908 Views 0 comment Print

In re M/s. Chowgule Industries Private Limited (GST AAR Goa) Q. Whether ITC on Motor Car purchased for Demo purpose can be availed as credit on capital goods & set off against output tax payable? A. The Input Tax Credit on the Motor Vehicle purchased for demonstration purpose can be availed as Input Tax Credit […]

Appeal cannot be condoned for delayed download of notice served online

March 26, 2019 2664 Views 0 comment Print

When TDS returns/statements had been filed by assessee for each quarter online and orders had been served upon assessee online for payment of the late fees, assessee was not justified in contending that it had not received any communication in respect of late fee imposed under section 234E neither any such communication came to the knowledge prior to the notice of outstanding demand issued by DCIT (TDS).

Penalty not justified, if both assessment order & SCN failed to state specific charge

March 25, 2019 3138 Views 0 comment Print

Sanraj Engineering (P) Ltd. Vs ITO (ITAT Delhi) Levy of penalty under section 271(1)(c) was not justified, where both the assessment order and show cause notice failed to state the specific charge of concealment and/or furnishing of inaccurate particulars of income by assessee. FULL TEXT OF THE ITAT JUDGMENT Aggrieved by the order dated 29.09.20 […]

Sale of shares invite capital gain or would be business income, is mixed question of law and facts : HC

March 25, 2019 1326 Views 0 comment Print

Pr. CIT Vs Vernan Pvt. Trust (Bombay High Court) Whether the Assessee is engaged in the business of buying and selling of shares or is a mere investor, would depend on the range of factors. In the present case, the Tribunal has noted the relevant facts and analyzed such facts in proper perspective. To reiterate, […]

Amended section 32(2) by Finance Act, 2001 applicable from A.Y. 2002-03 &subsequent years

March 25, 2019 3189 Views 0 comment Print

ACIT Vs Starflex Sealing India (P) Ltd. (ITAT Mumbai) i) Amendment to Sec.32(2) by Finance Act 2001 is applicable from A.Y.2002-03 and subsequent years. Therefore, unabsorbed depreciation from A. Y 97-98 upto A. Y 2001 to got carried forward to the A. Y.2002-03 and become part thereof’, ii) It came to the governed by the […]

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