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Judiciary

No exemption U/s 54 on purchase of houseboats for residence

February 27, 2019 6459 Views 0 comment Print

Assessee was not entitled to capital gain exemption under section 54 for purchase of houseboat as the same could not be equated with the residential house which was immovable property.

Gypsum boards taxable at 4 % as per amended Entry 56 of Schedule IV to Rajasthan VAT

February 27, 2019 1878 Views 0 comment Print

Gypsum boards would be taxable at 4 percent as per amended Entry 56 of Schedule IV instead of residuary Entry 1 of Schedule V at 12.5% Under the Rajasthan Value Added Tax Act, 2003.

Reassessment based on material giving rise to reason to believe is valid

February 26, 2019 1458 Views 0 comment Print

Reassessment made by AO was valid as assessee was unable to explain the source of income from which investments had been made by furnishing her bank statements and AO clearly had reason to believe that income of assessee with reference to these three investments had escaped assessment.

Disallowance of employees contribution of EPF & ESI for payment made beyond due date U/s 36(1)(va)

February 26, 2019 111924 Views 3 comments Print

Employees contribution towards EPF and ESI was rightly disallowed by AO as payment was made beyond the due date stipulated under the relevant enactment for making such payment u/s 36(1)(va)

Non-reporting of specified domestic transactions U/s 92BA with related parties

February 26, 2019 3339 Views 0 comment Print

Transaction of purchase of loan from HDFC ltd. would not cover within the meaning of Specified Domestic Transactions (SDTs) as the shareholding of HDFC Ltd. of 16.39% could not be clubbed with the shareholding of the HDFC Investments Ltd. of 6.25% to cross the threshold limit of substantial interest of 20%.

No addition on mere frequent withdrawal and deposit of own money

February 26, 2019 14658 Views 0 comment Print

Addition made by AO merely on the ground that assessee made frequent withdrawal and deposit of his own money was not justified as the same was not prohibited under any law.

Classification & GST on service of a Line Producer located in Brazil

February 26, 2019 4386 Views 0 comment Print

In re Udayan Cinema Pvt Ltd (AAR West Bangal) The Line Producer to be engaged for the shooting of a feature film in Brazil is supplying motion picture production service, classifiable under SAC 999612. The Applicant is liable to pay IGST on the payments made to the above Line Producer in terms of Sl No. […]

ITC not admissible on ambulances purchased for employees benefit: AAR

February 26, 2019 24186 Views 0 comment Print

In re Nipha Exports Pvt Ltd (GST AAR West Bangal) Whether ITC is admissible on ambulances purchased for the benefit of the employees under legal requirement of the Factories Act, 1948. It is evident from above that input tax credit on inward supply of ambulance, being a motor vehicle, is not admissible under Section 1 […]

Service to students for lodging along with food is a Mixed supply: AAR

February 26, 2019 4206 Views 0 comment Print

In re Sarj Educational Centre (GST AAR West Bangal) Whether service to the students for lodging along with food is a composite supply within the meaning of section 2(30) of the GST Applicant is offering several individual services in two different combinations to the recipients, depending upon their need for lodging facility. Each of the […]

Advance Ruling on HSN of Bags/Sacks (both with & without Handle)

February 26, 2019 1836 Views 0 comment Print

In re Piyush Polytex Industries Pvt. Ltd (GST AAR West Bangal) Seeks a Ruling on description & HSN of Bags/Sacks (both with & without Handle) made of (i) Laminated P.P. Nonwoven Fabric, (ii) B.O.P.P. Pasted P.P. Nonwoven Fabric and (iii) Woven Fabric Pasted with Nonwoven Fabric, under the GST Act. (i) Bags/Sacks (both with & […]

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