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Judiciary

Disallowance of Interest -Alleged conversion of shares held as opening stock to investments 

December 31, 2018 1038 Views 0 comment Print

Where AO had made addition of proportionate interest paid on borrowed funds on the allegation that assessee dealing in share-trading had converted its opening stock of shares to investments, the matter was remanded back to AO to determine the actual date of conversion of shares before computing any disallowance.

Penalty Not Leviable U/S 271C if Reasonable Cause Shown for Non-Deduction of TDS

December 31, 2018 8688 Views 0 comment Print

Since assessee had a reasonable cause for non-deduction of TDS, penalty u/s 271C not leviable in terms of section 273B.

GST payable on hostel services provided by Trusts to students

December 29, 2018 12252 Views 1 comment Print

In re Students’ Welfare Association (GST AAR Maharashtra) Question -1(a). Whether hostel accommodation provided by Trusts to students is covered within the definition of Charitable Activities and thus, exempt under SI. No. 1 of notification No.12/2017-CT (Rate)? Question -1(b). Whether the supply of residential or lodging services @ Rs. 22,250/- per annum is covered by […]

Aluminium Alloys cannot be supplied under Govt. Notification no. 47/2017

December 29, 2018 1287 Views 0 comment Print

From a perusal of the said certificate, we find from that recipient is a public funded institution and Notification No. 47/2017 is applicable in respect of supplies made to them but only goods specified in the column no. (3) of the table in the Notification are liable for concessional rate of tax @ 5%. Thus goods other than those mentioned in the said Notification are not to be liable for concessional rate of 5% tax, except the goods having originally been held as a 5% in the schedule entries.

GST is not applicable on interest free security deposit

December 29, 2018 27288 Views 0 comment Print

In re E-Square Leisure Pvt Ltd. (GST AAR Maharashtra) IN this case applicant, for leasing of commercial property has, in addition to rent, also collected interest free deposit from their lessee which is returnable on the completion of the tenure of the lease. Since the entire amount is to be returned back to their lessee, […]

GST on installation of Energy Efficient dimmable LED Street lights

December 29, 2018 7329 Views 0 comment Print

We find that ‘LED Lights or Fixtures including LED Lamps’ are covered under the Sub-Heading 9405 40 90 of the GST Tariff, 2017 which are taxable @ 12% (6% each of CGST and SGST).

GST on reimbursement of expenses from lessee by lessor at actuals

December 29, 2018 25191 Views 3 comments Print

In re E-Square Leisure Pvt Ltd (GST AAR Maharashtra) Question :- Whether GST is levied on the reimbursement of expenses from the lessee by the lessor at actuals? Answer :- Answered is in affirmative. Question :- In case GST is levied, what is the rate of GST applicable to said reimbursement of expenses ? Answer […]

Document related to transactions recorded in books cannot be considered as incriminating material

December 28, 2018 2826 Views 0 comment Print

Advocate Akhilesh Kumar Sah Lord Krishna Dwellers (P) Ltd. Vs DCIT (ITAT Delhi) Lord Krishna Dwellers case: Purchases of land reflected in the seized sale deeds duly recorded in the regular books of account, documents seized relating to same during the course of search cannot be considered as incriminating material, enabling AO to proceed under section […]

Recipient of services / Goods cannot seek Advance Ruling under GST

December 28, 2018 1242 Views 0 comment Print

An applicant can seek an advance ruling in relation to supply of goods or services or both undertaken or proposed to be undertaken by the applicant. Further, as per Section 103 (1) of the APGST Act such an Advance Ruling is binding only on the applicant and on the Officer Concerned or the jurisdictional Officer in respect of the applicant.

Disallowance U/S 40A(3) not Possible if transaction genuine & cash payment done on Seller’s Insistence

December 28, 2018 5751 Views 0 comment Print

When cash payment was done on insistence of the seller, amount was duly recorded in the sale deed and no doubt was raised with regard to the genuineness of the transaction, disallowance u/s 40A(3) not justifiable.

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