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Judiciary

GST on printing of Bible against order from foreign entity & supply in India

December 21, 2018 2514 Views 0 comment Print

In re Swapna Printing Works Private Limited (GST AAR West Bangal) The Applicant’s activity of printing the Bible under the specific orders received from The Gideons International is a supply of service classifiable under SAC 9989. The above service is supplied to the recipient located in India and the consideration is apparently received in INR. […]

GST on Construction of private railway siding for carriage of coal & oil fuel

December 21, 2018 6282 Views 0 comment Print

In re RITES Limited (GST AAR West Bangal) Whether construction of a railway siding by an entity other than railways is taxable under Sl No. 3(v) of Rate Notification on service Construction of a private railway siding for carriage of coal and oil fuel to Raghunathpur TPS, as described in the agreement between the Applicant […]

AAR cannot admit application where question raised is already pending or decided

December 21, 2018 813 Views 0 comment Print

In re Ashok Rubber Industries (GST AAR West Bangal) 1st proviso to section 98(2) prohibits this Authority from admitting any application where the question raised is already pending or decided in any proceedings in the case of the applicant under any provisions of the GST Act. It does not distinguish between stages or nature of […]

RCM U/s. 9(4) on transactions effected from 1.7.2017 to 12.10.2017

December 21, 2018 89160 Views 0 comment Print

In re Ms. Famous Studios Ltd. (GST AAR Maharastra) Question:- 1. Whether the exemption from payment of GST on reverse charge basis under section 9(4) of the CGST Act / SGST Act for receipt of supply of goods and / or services by us from an unregistered person is applicable irrespective of any threshold limit […]

Bombay HC allows Parellel GST Proceedings in Two States 

December 21, 2018 1752 Views 0 comment Print

Shafi Khan Khokhar Vs State of Maharashtra & Ors. (Bombay High Court) High Court upholds jurisdiction of Mumbai CGST Commissionerate even in case where parallel proceedings were commenced in Jaipur Facts: During the period of dispute, the assessee, an individual, was subjected to enquiry proceedings under CGST Act, initiated by the Commissionerate at Mumbai. He […]

Assessment cannot be completed on the basis of past Incident

December 21, 2018 2646 Views 0 comment Print

Sahara India Mutual Benefit Co. Ltd appeal: The income tax department cannot presume something to have happened five years ago, it did not mean that assessee indulged in similar activity in the previous year

TDS on payment to retailers on Sale of SIM & Mobile Recharge Coupons

December 20, 2018 9024 Views 0 comment Print

Shri Rahul Singhal Vs ITO (ITAT Jaipur) This appeal by the assessee is directed against the order dated 02/07/2018 of ld. CIT (A)-3, Jaipur for the A.Y. 2014-14. The assessee has raised following grounds of appeal: “1. The impugned additions and disallowances made in the order U/s 143(3) of the Act dated 29/12/2016 are bad […]

No proceedings can be taken against Director of a private limited company U/s. 26C of Kerala General Sales Tax Act, 1963

December 20, 2018 1512 Views 0 comment Print

Kerala High Court rules in favor of Anoop Raj, Director of a private limited company, challenging revenue recovery proceedings under Section 26C of Kerala GST Act.

Notice u/s 142(1) not become invalid on mere mention of section 153A unnecessarily

December 20, 2018 4014 Views 0 comment Print

Once assessee had undisputedly not filed the return of income U/s 139(1) then AO was well within his powers and jurisdiction to issue a notice U/s 142(1) requiring assessee to furnish return of income in the prescribed form and verified in prescribed manner, therefore, the notice issued u/s 142(1) was well within the framework of procedure for assessment provided under Chapter (xiv) and and notice could not be held to be invalid on account of mere mentioning of an unnecessary section therein, i.e., section 153A..

ITC on Gold coins distributed to customers for Sales Promotion

December 20, 2018 50409 Views 0 comment Print

In re Biostadt India Limited (GST AAR Maharashtra) Question :- The question or issue before Your Honor for determination is whether Input Tax Credit (“ITC”) can be claimed by the applicant on procurement of Gold coins which are to be distributed to the customers at the end of scheme period for achieving the stipulated lifting […]

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