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Judiciary

No reduction in tax rate -Anti-profiteering provisions on supply of Black Pepper not attracted

January 31, 2019 2475 Views 0 comment Print

Kerala State Screening Committee on Anti-profiteering Vs M/s. S. J Spices Ltd (NAA) It is clear from the perusal of the facts of the case that there was no reduction in the rate of tax on the Black Pepper”(HSN code 09041140) w.e.f. 01.07.2017 and hence we find that there is no contravention of the anti-profiteering […]

If no reduction in tax rate- Anti-profiteering law not attracted on supply of ‘Jockey Shorts’

January 31, 2019 660 Views 0 comment Print

Kerala State Screening Committee on Anti-profiteering Vs M/s. Sudarsans (National Anti-Profiteering Authority) DGAP has submitted in his report that the rate of tax on the product Brief (Jockey Brief IC125 M Black), remained same in the pre-GST and the post- GST era. Moreover, the pre-GST and post-GST base prices (excluding tax) had remained the same. Therefore, […]

Essential parts can be treated as complete goods for customs but not for Motor Vehicle Act

January 31, 2019 6789 Views 0 comment Print

Rama Krishna Sales Pvt. Ltd. Vs Union of India and Ors. (Delhi High Court) In a case involving import of essential parts for assembling e-rickshaw, Delhi High Court has held that Rule 2(a) of Interpretative Rules, treating unfinished articles as complete. The High Court observed that legal fiction created by a statute cannot be extended […]

Former Directors of Corporate Debtor entitled to Resolution Plans to be discussed at COC meetings:SC

January 31, 2019 5613 Views 0 comment Print

The members of the suspended Board of Directors of the corporate debtor who wish to meaningfully participate in meetings held by the committee of creditors are entitled to get a copy of insolvency resolution plans from the resolution professional along with the notice of meetings. 

Addition for Unexplained cash credits cannot be made for doubt on source of credit

January 31, 2019 1296 Views 0 comment Print

CIT Vs M/s. Sree Ganesh Trading Company (Kerala High Court) Conclusion: AO was not justified in making addition to the income of assessee under section 68 on account of alleged unexplained credits as assessee-firm had proved identity, creditworthiness of the creditors from whom it had received credits and if AO had doubt on the source […]

GST advance ruling cannot be sought on activity undertaken in Past

January 31, 2019 2820 Views 0 comment Print

In re Shyam Singh Champawat, M/s Laxmi Machinery Store (GST AAR Rajasthan) The questions sought by the applicant are related to activity undertaken in past-period thus not eligible for advance ruling as per Section 95(a) of CGST/RGST Act, 2017 and hence no ruling is given. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING,RAJASTHAN Note: […]

GST on Works Contract of Composite Supply for Government Dept

January 31, 2019 16521 Views 0 comment Print

The activity of supply, design, installation, commissioning and testing of solar energy based water pumping systems and O & M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of services. Since this supply is proposed to be undertaken for a Government Department, hence the rate of tax applicable on given service (as it is a works contract service) shall fall under Entry 3(iii) with HSN Code 99544 and it should be IGST@12%(CGST@6%, SGST@6%).

12% GST on design & installation of reverse osmosis plant for Govt

January 31, 2019 14307 Views 0 comment Print

In re Mr. Mr. Kailash Chandra (M/s Mali Construction) (GST AAR Rajasthan) The activity of supply, design, installation, commissioning and testing of reverse osmosis plant and O &M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of […]

AAR cannot decide on place of supply

January 31, 2019 768 Views 0 comment Print

Applicant, sought Advance Ruling in Place of Supply issue, which is outside the purview of the Advance Ruling Authority as per Section 97(2) of CGST Act, 2017 Hence the application is not admitted under Sec 98 (2) of CGST Act, 2017 and APGST Act, 2017.

Company cannot modify P&L adopted in AGM overlooking Auditor qualification

January 31, 2019 1362 Views 0 comment Print

Once the financial statements were ratified by the shareholders, assessee had no right to modify the profit declared as per Companies Act and adopt differently for the purpose of MAT provisions. Therefore, the profit adopted by the company in the AGM overlooking the qualification of auditor was the final book profit for the purpose of section 115JB, assessee could not alter the same by claiming that it had not followed certain Accounting Standards.

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