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Judiciary

No GST exemption on supply to Duty-Free Shops at International Airports in India

December 17, 2018 3330 Views 0 comment Print

As the supply to a DFS by an Indian supplier is not to ‘a place outside India’, therefore, such supplies do not qualify as ‘export of goods’ under GST. Consequently, such supplies cannot be made without payment of duty by furnishing a bond/letter of undertaking (LUT) under rule 96-A of the CGST Rules, 2017.

Notify Commissioner (Appeal) GST in Himachal Pradesh: HC

December 17, 2018 1839 Views 0 comment Print

Aggrieved party cannot be left remedy less merely because the State Government has not notified the Appellate Forum. The Writ Petition is accordingly disposed of with a direction to the Additional Chief Secretary-cum-Financial Commissioner, State Taxes and Excise, to notify the Appellate Forum within one week.

ITAT explains Provisions of Deemed transfer in case of JDA under Section 2(47)(v)

December 17, 2018 3240 Views 0 comment Print

DCIT Vs Hema Mohanlal Divyasree (ITAT Cochin) We have carefully perused the JDA entered between the assessee and the developer. As per the JDA (in page 3 para 4), the construction should have completed and the share of build up area marked for the assessee ought to have been handed over within 36 months of obtaining necessary […]

Reassessment notice solely based on audit opinion not valid

December 16, 2018 1419 Views 0 comment Print

PCIT Vs FIS Global Business Solutions India Pvt. Ltd (Delhi High Court) In the present case, the reassessment notice is solely based on an audit opinion. Having regard to the fact that the assessee’s challenge to the previous year’s re-assessment orders was successful – in FIS Global Business Solutions India Pvt. Ltd. v. ACIT 2018 (408) […]

Share buy back can be made at a price lower than FMV or Book Value: ITAT

December 15, 2018 42549 Views 0 comment Print

Here it clearly states that the shares should be a property of the recipient company. To become known as a property the shares, in such a case, should be of some other company and not of its own; because own shares cannot become property as they shall be treated as stock.

GST on supply by Contract Bottling Unit & brand owner to each other

December 15, 2018 7047 Views 0 comment Print

In re Allied Blenders and Distillers Private Limited (GST AAR Maharashtra) Question :- Whether in the facts and circumstances of the present case, the Contract Bottling Unit is making a taxable supply to the Applicant (i.e. Brand Owner), oi . alternatively, whether the Applicant (i.e. brand owner) is making a taxable supply to the. Contract g […]

Refund – Limitation – Time taken by Ministry to be excluded

December 14, 2018 1470 Views 0 comment Print

Bombay High Court has held that time consumed by the concerned Ministry in granting certificates required for retrospective exemption and refund must be ignored.

Debit Note Is An Eligible Document For Availment of Cenvat Credit

December 14, 2018 3072 Views 0 comment Print

Debit note, even though not specifically indicated in rule 9(1), is an eligible document for availing CENVAT credit since the same is allowed by higher courts.CENVAT credit cannot be disallowed simply due to the reason that the service tax amount is mentioned with pen and is not pre-printed.

Multiple proceedings on same issue not permissible under RERA 2016

December 14, 2018 3543 Views 0 comment Print

Since the complainant is also a party to the said proceeding , he can not separately agitate this complaint before the MahaRERA, as it will amount to agitate multiple proceedings on the same issue, which is not permissible in RERA Act, 2016. In the present case since the MahaRERA has already given judgment in the proceeding filed by the complainant through the Rising City Ghatkopar Association, the same issue can not be agitated before the MahaRERA again.

PP Woven Bags/Sacks shall be classifiable under chapter 39: AAR

December 14, 2018 4395 Views 0 comment Print

In re Nargrani Warehousing Private Limited (GST AAR Madhya Pradesh) Following the ratio of the judgment of Hon’ble High Court of Madhya Pradesh in case of M/s.Raj Packwell Ltd. (Supra) as well as order dtd. 25.10.2018 of the learned West Bengal Appellate of Advance Ruling in case of M/s.Mega Flex Plastics Ltd., both being squarely […]

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