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Judiciary

GST on services of transport of agriculture produce

October 25, 2018 6216 Views 0 comment Print

It is clarified that the benefit of nil rate is provided to only those support services to, agriculture which are specifically mentioned at Sr. No. 24 of the said notification. It does not cover the services of transport of agriculture produce and therefore the applicable SAC on such services shall be 9967 irrespective of the service being performed in relation to agricultural produce or any other goods.

Re-Assessment Order under Karnataka VAT after GST rollout is Valid

October 25, 2018 8970 Views 0 comment Print

M/s. Prosper Jewel Arcade LLP Vs The Deputy Commissioner Commercial Taxes (High Court Karnataka) The Court further added that “therefore, the larger constitutional questions raised in the present writ petition and as sought to be canvassed by the learned Senior Counsel for the petitioner like the substitution of Entry 54 in List II, effect of […]

Home Buyer cannot reap benefits of her own delay in taking possession: SC

October 25, 2018 1515 Views 0 comment Print

M/s. Supertech Ltd. Vs Rajni Goyal (Supreme Court) The Appellant – Builder inter alia submitted that – Possession of the flat was offered to the Respondent – Purchaser in December 2015 after obtaining the Completion Certificate for the building. Even though the Agreement provided for delivery of possession by 31.10.2013, the delay occurred because of […]

Gains on sale of shares allotted under ESOP is capital gain not perquisite

October 24, 2018 3558 Views 2 comments Print

Dr. Muthian Sivathanu, Vs ACIT (ITAT Chennai) Conclusion: Gains arising from sale of the shares allotted in the ESOP (Employees Stock Option Plan) scheme when the assessee was non-resident, not to be assessed as perquisites instead of assessed as capital gain as the stock viz., the asset was already vested on the assessee during the […]

It cannot be said that Land was not compulsorily acquired merely because Price was negotiated

October 24, 2018 879 Views 0 comment Print

ACIT Vs Smt. Jayasree Sreedharan  (ITAT Cochin) In the instant case, the entire procedure prescribed under the Land Acquisition Act was followed, the only price was fixed upon a negotiated settlement. Therefore, in view of the above judgment of the Hon’ble Apex Court (supra), we hold that the acquisition of the urban agricultural land was […]

AO could not insist on Any particular method for Valuation of shares

October 24, 2018 3519 Views 0 comment Print

DCIT Vs Ozoneland Agro (P) Ltd. (ITAT Mumbai) In this AO had ‘tampered’ with provisions of the Act. It was beyond jurisdiction of AO to insist upon a particular system, which especially allows assessee to choose one of the two methods. Until and unless legislature amends provision of the Act and prescribes only one method […]

No Service Tax on transportation of effluents under ‘Goods Transport Agency’ Services

October 24, 2018 3177 Views 0 comment Print

ONGC Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Chennai) Transportation of effluents cannot be treated as transportation of ‚goods‛ and hence there cannot be any service tax liability under ‘Goods Transport Agency’ as defined in Section 65 (150b) of the Finance Act, 1994. This being so, the FULL TEXT OF THE CESTAT […]

Commission to non-relatives can’t be Suspected for merely on surmises

October 24, 2018 1476 Views 0 comment Print

Rahul Kheria  Vs ITO (ITAT Kolkata) The commission claimed to have been paid to under section 133(6) to M/s Jessop and Co and we note that the said Jessop replied to the notice. The AO however doubted the reply by Jessop on the ground it was a reputed company so the logo in the letter-head […]

No GST on security services to PCMC for functions entrusted to municipality

October 24, 2018 6720 Views 0 comment Print

In re National Security Services (GST AAR Maharashtra) Whether the Exemption Notification No.12/2017- Central Tax (Rate) dated 28/06/2017 (Entry No. 3 of the Notfn.) is applicable to the applicant for the Pure services i.e. Security Services rendered to Pimpri Chinchwad Municipal Corporation in relation to functions entrusted to Municipality under Constitution thereby exempting the applicant […]

SC issues Guideline on Sale of Fire Cracker & Duration of Bursting

October 24, 2018 3429 Views 0 comment Print

(i) The crackers with reduced emission (improved crackers) and green crackers, as mentioned in Suggestion Nos. II and III above only would be permitted to be manufactured and sold. (ii) As a consequence, production and sale of crackers other than those mentioned in Suggestion Nos. II and III is hereby banned.

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