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Tea bag manufacturing service classifiable under SAC 9988

January 28, 2019 4587 Views 0 comment Print

In re Vedika Exports Tea Pvt Ltd (GST AAR West Bengal) The Applicant makes a composite supply to Hindustan Unilever Ltd, where the service of manufacturing tea bags from the physical inputs owned by the latter is the principal supply. It is classifiable under SAC 9988 and taxable at 5% rate under Sl No. 26(f) […]

Springs of iron and steel for railways is classifiable under HSN 7320

January 28, 2019 1176 Views 0 comment Print

In re Abhishek Tibrewal (HUF) (Avantika Industries) (GST AAR West Bengal) Since Springs of Iron and Steel, are specifically classifiable under Chapter Heading 7320, the general description under Chapter Heading 8607 is not applicable. Springs of iron and steel for railways are classifiable under HSN Code no. 7320 and taxable @ 18% under Serial No. […]

‘Poly Propylene Leno Bags’ classifiable as plastic bags under HSN 3923

January 28, 2019 11607 Views 0 comment Print

In re Dinman Polypacks Pvt. Ltd. (GST AAR West Bengal) TRU clarification under Circular No. 80/54/2018-GST issued under F. No. 354/ 432/2018-TRU dated 31/12/2018 in Para 7, sub-Para 7.4 clarifies that Polypropylene woven and non-woven bags and PP woven and non-woven bags laminated with BOPP would be classified as plastic bags under HS Code 3923 and […]

Transfer not completes on Mere registration of agreement for sale of property

January 27, 2019 4923 Views 2 comments Print

The Pr. CIT Vs M/s. Talwalkars Fitness Club (Bombay High Court) Mere fact that an agreement for sale of property is registered does not make it a conveyance. The sale or transfer U/s. 2(47) of Income Tax Act, 1961  not completes on the date of the execution of the agreement if there are obligations to […]

Payment For Removal of Encumbrances Deductible U/s 48(1)

January 25, 2019 1341 Views 0 comment Print

Payment for removal of encumbrances is deductible u/s 48 (1) as expenses incurred wholly and exclusively in connection with transfer. Accordingly, value of flat allotted to Shri Uday should be accordingly reduced from the full value of consideration u/s 48.

SC upheld Constitutional Validity of various provisions of Insolvency & Bankruptcy Code

January 25, 2019 4788 Views 0 comment Print

Swiss Ribbons Pvt. Ltd. & Anr Vs Union of India & Ors. (Supreme Court of India) The Insolvency Code is a legislation which deals with economic matters and, in the larger sense, deals with the economy of the country as a whole. Earlier experiments, as we have seen, in terms of legislations having failed, ‘trial‘ […]

Comprehending Underpinnings of Insolvency and Bankruptcy Code, 2016

January 25, 2019 3135 Views 0 comment Print

Insolvency & Bankruptcy Code 2016 paves way for a consolidated and un-bifurcated exhaustive law for insolvencies and bankruptcies applicable to corporate persons, firms and individuals.

Warehouse in foreign land can be a place of removal to avail Cenvat Credit

January 25, 2019 711 Views 0 comment Print

CESTAT Mumbai has held that Cenvat credit can be availed on foreign warehouse services received by a company in India for which service tax was paid under reverse charge mechanism. It was held that denial of credit would amount to double taxation.

Section 271FA penalty not leviable in absence of reportable transaction

January 25, 2019 4905 Views 0 comment Print

Penalty under 271FA was unjustified as there was no requirement to file the AIR in absence of reportable transaction during the financial year and also, department did not make out a case that the assessee had the recorded re portable transactions in the relevant financial year.

Recipient of services cannot seek advance ruling under GST

January 25, 2019 936 Views 0 comment Print

In re Sheetal Tyagi (GST AAR Uttar Pradesh) Whether the members of RWA are liable to pay GST on the services received by them directly from third party despite maintenance charges being less than Rs. 7500/- per month? Ans- The ruling cannot be given as the matter doesn’t fall within the purview of ‘Advance Ruling’ […]

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