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Judiciary

GST payable on amount billed by Taxi Aggregator on behalf of taxi operators

July 27, 2018 3639 Views 0 comment Print

In re Opta Cabs Private Limited (GST AAR Karnataka) Whether the money paid by the customer to the driver of the cab for the services of the trip is liable to GST and whether the applicant company is liable to pay GST on this amount? The applicant is liable to tax on the amounts billed […]

Slump Sale applicability: When consideration was not money but equity shares & debentures

July 27, 2018 7599 Views 0 comment Print

Bennett Coleman & Co. case: where the consideration was not money but equity shares and debentures, the transaction was not a Sale but an Exchange, the provisions of Section 50B were not applicable

ITAT Ahmedabad Dismisses 697 Low Tax Effect Dept Appeals

July 27, 2018 1368 Views 0 comment Print

DCIT Vs Swati M Kankaria (ITAT Ahmedabad) 1. Vide CBDT circular dated 11th July 2018, the income tax department has announced its policy decision not to file, or press, the appeals, before this Tribunal, against the appellate orders favourable to the assessee in the cases in which overall tax effect, including surcharge but excluding interest, is Rs […]

Customs officers have no jurisdiction to seize goods in SEZ

July 26, 2018 2763 Views 0 comment Print

We hold that the Customs officers have no jurisdiction on the appellant to seize the goods in S.E.Z. area therefore seizure of the goods in question is set aside. Consequently, no demand can be confirmed against the appellants. Therefore the confiscation of the impugned goods is also set aside.

No Service Tax on sell of study material to students of coaching centers

July 26, 2018 4005 Views 0 comment Print

M/s Smart Value Products & Services Ltd. Vs Commissioner of Central Goods & Service Tax (CESTAT Allahabad) Facts of the case are not in dispute that the coaching centers are registered coaching center and provide services to their students. The coaching centers are also private limited companies and having separate identity known by the Registrar […]

Priority of Tax Dues In Liquidation?

July 26, 2018 4230 Views 0 comment Print

The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims arising out of it has inconvenienced the parties concerned since the advent of the Insolvency and Bankruptcy Code, 2016 (Code).

GST not payable on Good supplied outside taxable territory from a place located outside taxable territory

July 26, 2018 4131 Views 0 comment Print

In re Jotun India Private Limited (GST AAR Maharashtra) Q1. Whether the supply of goods which are moved from a place located outside taxable territory and are delivered at a place outside taxable territory, would be liable to tax in India under section 7(5)(a) of IGST Act? Answer :- Answered in the negative. FULL TEXT […]

Supply to SEZ units using coffee vending machines do not qualify as zero rated supply

July 26, 2018 5553 Views 0 comment Print

In re M/s Coffee Day Global Limited (GST AAR Karnataka) Whether supply of non-alcoholic beverages to SEZ units using coffee vending machines is in the nature of zero rated supply as defined under Section 16 of the IGST Act 2017 ? The supply of non-alcoholic beverages / ingredients to such beverages, to SEZ units using […]

Income Tax cannot be recovered during Liquidation Process under IBC

July 26, 2018 21465 Views 0 comment Print

Leo Edibles & Fats Limited Vs TRO (Central) (Andhra Pradesh HC) Section 178 of the Act of 1961 is titled ‘Company in liquidation’. Under sub-section (1) thereof, the liquidator of a company which is being wound up, or a person who is appointed as a Receiver of the assets of such company has to give […]

Activity of pooling (amalgamation) of individual parcels of land is not a supply

July 26, 2018 2682 Views 2 comments Print

In re Gowra Ventures Pvt Ltd. (GST AAR Telangana) 1. Whether in the facts and circumstances the pooling of land by way of amalgamation of the separate parcels viz Land 1 and Land 2 as described in the ‘Statement of relevant facts’ would constitute a supply under the Central Goods and Services Tax Act, 2017and […]

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