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Judiciary

Renting of workwear qualify as transfer of right to use of goods

September 15, 2018 1677 Views 0 comment Print

The supply of renting of workwear along with other services such as transportation, weekly washing etc. for a single consideration is a mixed supply under section 2 (74) of CGST Act.

No GST on Cold storage Charges for storing of eggs

September 15, 2018 4005 Views 0 comment Print

In re Shubh Laxmi Cold Storage & Ice factory (GST AAR Rajasthan) Whether charges received by the cold storage for providing service of storing of eggs, which is produce of rearing of animals/poultry farming in cold storage is exempted from payment of GST in terms of S.No. 24 of Notification No. 11/2017-CT (Rate) and S.No. 54 […]

Full ITC eligible on Road Construction Services which is liable to tax: AAR

September 15, 2018 18273 Views 1 comment Print

In re Nagaur Mukandgarh Highways Pvt. Ltd. (GST AAR Rajasthan) 1. The applicant is rendering taxable services during the construction, of roads which is liable to tax; hence they are entitled to claim full ITC under.the provisions of section 16(1) of the CGST Act. 2017. 2. The Applicant is entitled to claim ITC on supplies […]

GST on EPC contract for set up of solar power generating system

September 15, 2018 6564 Views 0 comment Print

In re Solai Redirect India LLP (GST AAR Rajasthan) Whether EPC contract for set up of solar power generating system be considered as a composite supply with PV modules being the principal supply and be taxed at a rate of 5% (i.e. tax rate applicable on the P.V. modules)? As per the statement of facts submitted […]

IGST payable on testing services to foreign companies on goods made available by them: AAR

September 15, 2018 12225 Views 0 comment Print

In re Behr-Hella Thermocontrol India Pvt. Ltd. (GST AAR Maharashtra) The argument of the applicant is that the services provided by the applicant in this case, as per the agreement, are completed only when the test reports are sent to their overseas clients is not tenable for the reason that first of all the service of […]

Reassessment Valid if There Is Tangible Material For Reopening

September 15, 2018 1140 Views 0 comment Print

The Delhi High Court held that the entire premise of the reassessment notices in this case is that the nondisclosure of the taxing event, i.e. allotment of shares (and the absence of any declaration as to value) deprived the AO of the opportunity to look into the records.

Sec. 10AA Eligible unit’s loss can be set off against income of other units

September 14, 2018 10821 Views 0 comment Print

Undisputedly, the assessee has claimed business loss of Rs.3,90,35,968/- from MEPZ Unit at Chennai, eligible for deduction u/s 10AA. It is also not in dispute that assessee has claimed set off of this loss against the income from other units. AO proceeded to hold that loss from MEPZ unit at Chennai, which is eligible for […]

Misconduct Proceedings cannot be initiated against Advocates, CAs, CMAs under VAT Act

September 14, 2018 2598 Views 0 comment Print

Pravin Natvarlal Modh Vs State of Gujarat (Gujarat High Court) In the instant case the petitioner is holding a certificate as a sale tax practitioner from the year 1977. In 1983 he enrolled as a an advocate under the state bar council of Gujarat. The VAT authorities initiated misconduct proceedings under section 81 of the […]

Tenants can be evicted for not Paying Municipal Taxes under West Bengal Tenancy Act

September 14, 2018 10398 Views 1 comment Print

M/s popat & Kotecha property & ORS. Vs Ashim Kumar Dey (Supreme Court of India) Issue- Whether after the amendment of the West Bengal premises Tenancy Act by  Amendment Act No. 14 of 2001 with effect from 10th July, 2001 [which had incorporated sub-section (8) to Section 5] whether a tenant who defaults in payment of his/her share of municipal […]

Deduction U/s. 80IB on Manufacturing at Others Factory or under contract manufacturing

September 14, 2018 1836 Views 0 comment Print

Daman Computers Pvt. Ltd. Vs ITO (Bombay High Court) Neither before the Assessing Officer nor at the appellate stage, Appellants adduced any convincing evidence to hold that it had retained its control over the manufacture of electronic computers at the factory premises of M/s. Kobian ECS India Pvt. Ltd. in Silvassa. In fact, the observations in the findings […]

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