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Judiciary

Hydraulic Kit used on bodies/ platform classifiable under heading 8412

February 18, 2019 1074 Views 0 comment Print

In re M/s. Hyva India Pvt. Ltd. (GST AAR Maharashtra) In the present case, the Hydraulic Kit is used on bodies/ platform, detaching sides, tipper bodies falling under Chapter Heading No.8709 as well as for other trailers for transport of goods such as agricultural, public works etc., trailer (whether or not tipper) falling under Heading […]

ITC available on passenger vehicles leased to vendors on rent

February 18, 2019 4911 Views 2 comments Print

In re Ms Narsingh Transport (AAR GST Madhya Pradesh) The applicant desire the advance ruling on the subject that whether the GST paid on these cars provided to their different customers on lease rent will be available to it as INPUT TAX CREDIT(ITC) in terms of Section 17(5) of Central Goods and Service Tax Act, […]

ITC on cars further supplied to customers on lease rent

February 18, 2019 17037 Views 0 comment Print

In re M/s. Narsingh Transport (GST AAR Madhya Pradesh) 1. The Applicant is entitled to avail ITC on cars (passenger vehicles) which are further supplied to customers on lease rent, subject to condition applicable in such supply of services as per notification number 11/2017-Central Tax(Rate) Dated 28.06.17 as amended from time to time and corresponding […]

Electro Ink supplied with consumables by HP is Mixed Supply: AAAR

February 17, 2019 2121 Views 0 comment Print

In re H.P. Sales India Pvt. Ltd. (GST AAAR Maharashtra) The supplies of the Appellant have been held to be a continuous supply by the Advance ruling authority and while deciding whether the supply is composite or not have done so keeping in mind the continuous nature of the supply. They have stated that each […]

Immunity from penalty & prosecution in case of complaint U/s. 200 Cr. P.C

February 17, 2019 1485 Views 0 comment Print

In terms of the provisions of section 245H of the Act, no immunity from penalty and prosecution can be granted by the ITSC since the complaint under section 200 Cr.P.C. for offences punishable under section 276 CC of the Act, was instituted before the receipt of the application under section 245C.

Section 194IA(2) exemption limit applies to each transferee separately

February 17, 2019 10968 Views 0 comment Print

Limit of exemption of Rs. 50 lakh under section 194-IA(2) was applicable to each transferee separately as each transferee was a separate income tax entity therefore, the law has to be applied with reference to each transferee as an individual transferee / person and not with reference to the amount as per sale deed.

Long term capital gain cannot be treated as bogus on mere surmises

February 17, 2019 3687 Views 0 comment Print

Addition made by AO on the reason that assessee had introduced his own unaccounted money by way of bogus long term capital gain was not correct as AO had not brought any material on record to show that assessee had paid over and above purchase consideration of shares as claimed and evident from the bank account and assessee had produced the relevant record to show the allotment of shares by the company on payment of consideration by cheque.

Bonafide business transaction cannot be taxed U/s. 56(2)(vii)

February 17, 2019 3717 Views 0 comment Print

Difference between alleged fair market value of share and the subscribed value of shares cannot be assessed as income u/s 56(2)(vii)(c) as the transaction of issue of shares was carried out to comply with a covenant in the loan agreement with the bank to fund the acquisition of the business by the subsidiary in USA, therefore, such a bonafide business transaction could not be taxed under section 56(2)(vii) especially when there was not even a whisper about money laundering by the AO in the assessment order.

Ready to cook popcorn classifiable under HSN code 20081990: AAR

February 16, 2019 13230 Views 0 comment Print

What will be the correct HSN code and consequently rate of GST applicable on ‘Ready to cook popcorn premix i.e. Popcorn Maize with edible oil and salt’, sold in retail pack size ranging from 30 grams to 350 grams.

No stipulation in amended section 80A(5) restricting assessee from revising deduction

February 16, 2019 6759 Views 0 comment Print

Amended 80A (5) could not be read as a stipulation barring and restricting the assessee from revising the computation/claim for deduction made in accordance with Section 80A (5).

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