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Judiciary

Polypropylene Leno Bags classifiable under Tariff Sub Heading 63053300: AAR

September 18, 2018 1383 Views 0 comment Print

In re SMVD Polypack Pvt. Ltd (GST AAR West Bengal) ‘Leno Bags’, made by the Applicant and declared by them to be made from woven Polypropylene fabric using strips or the like of width not exceeding 5 mm and without any impregnation, coating, covering, or lamination with plastics, are to be classified under Tariff Sub Heading […]

CESTAT on Service tax on construction related composite works contract services

September 18, 2018 6000 Views 0 comment Print

Real Value Promoters Pvt. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) a. The services provided by the appellant in respect of the projects executed by them for the period prior to 1.6.2007 being in the nature of composite works contract cannot be brought within the fold of commercial or industrial construction service […]

18% GST on Supply of minerals & erection work as work contract services

September 18, 2018 2022 Views 0 comment Print

In re Madhya Pradesh Poorv Kshetra Vidyut Vitaran Company Limited (GST AAR Madhya Pradesh) As per the Memorandum of Association of the Company, Main objects to be pursued by the Company on its incorporation is to carry on the business of purchasing, selling, importing, exporting, selling, trading of electrical energy, including formulation of tariff, billing […]

‘Militry Malai Mithai’ classifiable as ‘Sweetmeat’: GST AAR

September 18, 2018 5385 Views 0 comment Print

The product ‘Militry Malai Mithai’ as described in the Application will merit classification under Chapter Heading 2106 90 of the GST Tariff as ‘Sweetmeat’ and would be chargeable to 5% GST

Bombay HC took Objection of SMS from Dept Advocate that Court is pressurising him

September 18, 2018 1257 Views 0 comment Print

PCIT  Vs Starflex Sealing India Pvt. Ltd (Bombay High Court) SMS communication by Mr. Pinto to the Associate of this Court is contrary to the statement made on behalf of the Revenue yesterday by the learned Additional Solicitor General, assisted by Mr. Mohanty, learned advocate for the Revenue. Requesting an Advocate to put in a […]

‘Militry Malai Mithai’ is ‘Sweetmeat’; 5% GST applicable: MP AAR

September 18, 2018 4113 Views 0 comment Print

In re M/s. Italian Edibles Private Limited (GST AAR Madhya Pradesh) product in question i.e. ‘Militry Malai Mithai’ is a product made out of Skimmed Milk Powder, Sugar & Whey Powder as main ingredients with Emulsifiers etc. put up in small sachet/pouch in semi-liquid (paste) consistency, ready for consumption. The product cannot be termed as Dairy Product or […]

HC upheld penalty for Cash Loan exceeding Rs. 20000 Taken & repaid

September 17, 2018 2343 Views 0 comment Print

These appeals are against an order dated 31-3-2016 passed by the Income Tax Appellate Tribunal B Bench, Chennai, allowing the appeals, being I.T.A.Nos.262 and 263/Mds/2015, in relation to the assessment years 2008-2009 and 2012-2013 filed by the respondent Revenue and restoring the penalty imposed by the Assessing Officer under Sections 271E and 271D of the Income Tax Act, 1961 (hereinafter referred to as the IT Act).

S. 234E Late Fee cannot be imposed without passing of Speaking Order

September 17, 2018 3021 Views 0 comment Print

Origins Build-Tech Pvt Ltd Vs ACIT (ITAT Ahemdabad) adjustment in respect of levy of fees under section 234E was indeed beyond the scope of permissible adjustments contemplated under section 200A. This intimation is an appealable order under section 246A(a), and, therefore, the CIT(A) ought to have examined legality of the adjustment made under this intimation in […]

Damages received for relinquishment of right to sue is a non-taxable capital receipt

September 17, 2018 4641 Views 0 comment Print

Bhojison Infrastructure Pvt. Ltd Vs. ITO (ITAT Ahmedabad) We notice that the compensation was not received as a result of termination of advantages associated with development rights but was claimed to be received to relinquish the rights of the assessee to sue against the vendor of the land. The assessee has received the compensation amount […]

Refund of Proprietary Concern can’t be adjusted towards Demand of Partnership concern

September 17, 2018 750 Views 0 comment Print

M/s Shri Mahavir Industries Vs CGST (CESTAT Delhi) A proprietary unit is an individual legal entity and any refunds due to the proprietary unit cannot be adjusted or appropriated towards the demand which may be pending recovery against an another independent legal entity, of which the proprietor of unit is a partner. It has to […]

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