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Judiciary

ITC on credit note from vendors post supply of goods by vendors: Controversial Ruling

January 22, 2019 8457 Views 0 comment Print

In re M/s. MRF Limited (GST AAR Tamilnadu) Whether the MRF Ltd can avail the ITC of the full GST charged on the supply of invoice or a proportionate reversal of the same is required in case of post purchase discount given by the supplier of the goods or services AAR held that Proviso to […]

GST AAR cannot Advice on procedure to be followed by assesse

January 22, 2019 927 Views 0 comment Print

In re Odyssy Tour & Travels Pvt Ltd (GST AAR Goa) Through this application, the applicant has informed that they had paid GST correctly but had not distributed the tax amounts correctly over the different States and Union Territories in last 13 months. To rectify their mistakes, they were advised to re-issue rectified invoices for […]

Power Bank classifiable under Heading 8507 as Accumulator

January 22, 2019 4239 Views 0 comment Print

Whether the ‘Power Bank’, traded by the Applicant, is classifiable under Heading 8504 40 90 as ‘Static Converter – Others’? The ‘Power Bank’, traded by the Applicant, is classifiable under Heading 8507 as Accumulator and not as Static Converter.

Appellate Authority to decide an issue on Both Merits and jurisdiction if challenged on both basis

January 22, 2019 1698 Views 0 comment Print

ITO Vs Mohanraj Trading & Exchange (ITAT Mumbai) Hon’ble Madras High Court in the case of CIT vs Ramdas Pharmacy [1970] 77 ITR 276 (Mad) had expounded that an appellate authority cannot decide only one issue arising out of many issues and decline to go into the other issues raised before it on the ground […]

GST: Patanjali dealer found guilty of violating Anti profiteering Law

January 22, 2019 1725 Views 4 comments Print

Director General Anti-Profiteering Vs M/s Satya Enterprises (National Anti-Profiteering Authority) 1. The brief facts of the present case are that a reference was made by this Authority to the Director General Anti-Profiteering (DGAP), erstwhile Director General Safeguards, under rule 128 of the Central Goods and Services Tax (CGST) Rules, 2017 intimating that certain major manufacturers […]

Individual coparcener cannot be taxed for capital gain on property of HUF

January 22, 2019 5262 Views 0 comment Print

An individual coparcener who was shown as owner in the registered sale deed could not be assessed for capital gain arising in respect of the property belonging to Hindu Undivided Family.

Exemption U/S 54B Available for Purchase of Agricultural Land in Son’s Name

January 21, 2019 5646 Views 0 comment Print

Balu Vitthal Kharate Vs ACIT (ITAT Pune) Amendment to section 55A is effective from 01.07.2012 and the same doesn’t have retrospective effect. Exemption u/s 54B cannot be denied on the base that the land was purchased in son’s name when the new land was used for agricultural purpose. FACTS – Assessee, along with 5 other […]

IBC: Immovable property Lease rent dues are not Operational Debt

January 21, 2019 9078 Views 0 comment Print

Mr. M. Ravindranath Reddy Vs Mr G. Kishan & Ors. (NCLAT) Whether a landlord by providing lease, will be treated as providing services to the corporate debtor, and hence, an operational creditor within the meaning of Section 5(20) read with Section 5(21) of the ‘Insolvency and Bankruptcy Code, 2016? For an amount to be classified […]

Appointment of Special auditor U/s. 142(2A) at fag-end of expiry of limitation is illegal

January 21, 2019 4935 Views 0 comment Print

Where special auditor was appointed under section 142(2A) at fag-end of expiry of limitation to pass assessment order and for sole purpose of extending limitation period for assessment order, i.e., just before 23 days in expiry limitation under section 153(1) such appointment was illegal and invalid therefore, to be quashed.

No exemption U/s 54F on failure to deposit unutilized amount of capital gain within time

January 21, 2019 1539 Views 0 comment Print

Assessee is not entitled to the claim of deduction under section 54F of the Act as the assessee has failed to deposit the unutilized amount of capital gains in the capital gains scheme account by the date of filing of return of income.

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