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Judiciary

GST on Goods & services supplied by Rajiv Gandhi Centre for aquaculture

January 23, 2019 4197 Views 0 comment Print

In re Ms. Rajiv Gandhi Centre for aquaculture (GST AAR Tamilnadu) 1. The Applicant, RGCA is liable to be registered under Section 22 of CGST and TNGST Act. 2. RGCA shall obtain registration in every such State or Union territory in which he is so liable. 3. The rate of tax for various supplies of […]

Extinguishment of right to carry on business not amounts to transfer of capital asset

January 23, 2019 3165 Views 0 comment Print

Non-compete fee received by assessee for signing of negative covenant for not carrying out a speciality business did not amount to transfer of right to carry on business, the consideration of which was liable to be taxed as capital gain.

NDMC (Determination of Annual Rent) bye laws, 2009 are Ultra Vires of NDMC Act

January 22, 2019 4950 Views 0 comment Print

New Delhi Municipal Council Etc. Vs Association Of Concerned Citizens Of New Delhi And Others Etc. (Supreme Court of India) FACTS – NDMC made NDMC House Tax Bye-laws, 1962 and was published on 24th April, 1964. Section 60 empowers levy of taxes which includes property tax. NDMC adopted existing 1962 bye-laws in so far as levy […]

Addition not sustainable for non-production of bill for sale of agricultural produce

January 22, 2019 3258 Views 0 comment Print

Smt. Annakkalanjiam Mathivanan Vs ACIT (ITAT Chennai) The Assessing Officer as well as the CIT(Appeals) have to appreciate the fact that the agricultural products in this country are traded in unorganized sector. The workforce in the agricultural sector is unorganized. When the agricultural products are traded in unorganized sector in the country, expecting the assessee […]

Penalty justified for failure to Furnish Tax Audit Report despite Due Date extension by CBDT

January 22, 2019 2127 Views 0 comment Print

The assessee had not filed the audit report in this case. The assessee was very casual and did not enter appearance for the show cause notice issued for imposition of penalty. The assessee has not made out a reasonable cause as mentioned u/s 273B of the I.T.Act for non-furnishing of audit report u/s 44AB of the I.T.Act. Hence, we are of the view that the penalty u/s 271B of the I.T.Act has been rightly imposed. It is ordered accordingly.

Issue & Service of Notice U/s. 148 is to be complied mandatorily: ITAT

January 22, 2019 15036 Views 0 comment Print

Charan Singh Vs ITO (ITAT Jaipur) (i) Under Section 148 of the Act, the issue of notice to the Assessee and service of such notice upon the Assessee are jurisdictional requirements that must be mandatorily complied with. They are not mere procedural requirements. (ii) For the AO to exercise jurisdiction to reopen an assessment, notice […]

AAR cannot give Ruling on the question of when to raise invoices

January 22, 2019 1089 Views 0 comment Print

This Authority cannot give a Ruling on the question of when to raise invoices by the Applicant as per Section 97(2)of CGST Act/TNGST Act. .The value of supply for each invoice raised by the Applicant will be the transaction value and should include the amounts , if any, as specified in Section 15(2) and exclude the discounts, if any, as specified in Section 15(3) of CGST ACT 2017.

Rate of GST for the vadams made of maida and HSN Code

January 22, 2019 7599 Views 0 comment Print

In re Ms. Subramani Sumathi (GST AAR Tamilnadu) What is the rate of tax for the vadams made of maida and what is the HSN Code’ The issue to be decided before us is the rate of tax applicable to the product of the Applicant and the applicable HSN Code. From the various submissions of […]

GST on conduct of marathon by Trust to raise donation for Charity

January 22, 2019 5538 Views 0 comment Print

In re Ms. Dream Runners Foundation (GST AAR Tamilnadu) i. Whether the conduct of marathon events by the Trust through which donations are raised for charity is an exempted service under GST? The conduct of Marathon event by the Applicant for the participants is a not an exempt supply under CGST/TNGST Act ii. When the […]

GST on medicines, implants used while providing health care services

January 22, 2019 2925 Views 0 comment Print

In re Alcon Resort Holdings Pvt. Ltd. (GST AAR Goa) In the instant case, the applicant provides health care services by way of appropriate diagnosis, appropriate medicines as well as relevant consumables or implants as part of treatment under supervision of qualified doctors till discharge. Therefore, medicines, implants etc. used in the course of providing […]

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