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Judiciary

HC explains ‘application of income’ vs. ‘diversion of income by overriding title’

September 25, 2018 12765 Views 0 comment Print

PCIT Vs M/s. Chamundi Winery and Distillery (Karnataka High Court)  It is clear that the Courts and the Tax Authorities can look into the real purpose of the commercial arrangements and transactions to reach the truth and the transactions having the sole purpose of tax avoidance may be held to be having no effect on […]

Service Tax not payable on Agency Commission Paid by RBI to Banks

September 25, 2018 3366 Views 0 comment Print

Canara Bank Vs Commissioner of Central Excise & Service Tax (LTU) (CESTAT Bangalore) FULL TEXT OF THE CESTAT JUDGMENT M/s. Canara Bank, the appellant, is a banking company and a body corporate, conducting their operations in India. It was alleged by the Department that the appellants were acting as the agents for the Reserve Bank […]

Negligence in filing Form-32 by CS constitutes Misconduct: AA

September 25, 2018 2061 Views 0 comment Print

Sital Prasad Swain Vs Disciplinary Committee (Appellate Authority) It is pained to note that none of the parties filed the original minute books or the resolution passed which are the subject matter relevant to the filing of two forms i.e. Form-32 filed for the appointment of Shri Bishender Singh as an Additional / Promoter Director […]

CESTAT condones delay of 23 Days subject to payment of cost to Kerala CM Relief Fund

September 25, 2018 1077 Views 0 comment Print

We find that delay is explained to some part. However, in the interest of justice, we condone the delay subject to payment of cost of Rs. 5000/- payable in ‘Kerala Chief Minister Relief Fund’ on or before 1st November, 2018

No 100% deduction on ‘substantial expansion’ for remaining 5 A.Ys U/s. 80IC in HP

September 25, 2018 1371 Views 0 comment Print

CIT Vs Classic Binding Industries (Supreme Court)  In the instant case, we are concerned with the assessees who had established their undertakings in the State of Himachal Pradesh. Sub-section (3), as noted above, mentions the period of 10 years commencing with the initial Assessment Year. Sub-section (6) puts a cap of 10 years, which is […]

AAR on classification of EPC Contract for electrical cable supply & laying work

September 25, 2018 3852 Views 0 comment Print

In re Yogiraj Powertech Private Limited (GST AAR Maharastra) Question 1. :- Whether EPC Contract for electrical cable supply and laying work can be classified as contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of immovable property wherein transfer of property in goods (whether as goods […]

GST on Mechanical, Electrical & Plumbing Works activities as composite supply of works contract

September 25, 2018 40581 Views 0 comment Print

Whether MEP activities (Mechanical, Electrical & Plumbing Works) undertaken by the applicant falls within the definition of composite supply of works contract as defined under Section 2(119) of CGST Act??

Presumption of Service of Notice not applies if Dept had correct address

September 25, 2018 2919 Views 0 comment Print

Swapnil Kumar Vs C.S.C. (Allahabad High Court) It is important to mention here that CIT(A), after considering the report submitted by the A.O. in response to the directions under Section 250(4) of the Act, had held that the assessee was not residing at 109, North Idgah Colony, Agra and he had left the address two […]

GST on supply of food to employees for consideration in Canteen run by Company

September 25, 2018 16938 Views 1 comment Print

The supply of food items to the employees for consideration in the canteen run by the appellant company would come under the definition of ‘supply’ and would be taxable under GST.

Ada is taxable @5% under GST: AAAR

September 25, 2018 5352 Views 0 comment Print

Explore the classification of “Ada” under GST as per the Kerala AAAR ruling, analyzing its similarity to Vermicelli and its tax implications.

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