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Judiciary

Lease Rent for Car taken on finance lease allowed in income computation

July 19, 2018 6417 Views 0 comment Print

Recently in, Phillips India Ltd. vs. ACIT, ITAT Kolkata held that Deduction of lease rentals paid towards cars taken on finance lease allowed while computing income

Transitional Credit is substantive right & cannot be taken away by procedural requirements: Gujarat HC issues notice to Centre and GST Council

July 19, 2018 11319 Views 1 comment Print

While admitting a petition challenging the provisions of Central Goods and Services Tax (GGST) Act which restricts the time limit for filing and revising of GST Tran 1 to the extent of only 180 days from the appointed day, the Gujarat High Court has issued notices to Centre and GST Council.

No TDS U/s. 194H on discount on sale of prepaid starter kits/sim cards to distributors

July 19, 2018 1383 Views 0 comment Print

As the sale of starter kits/sim cards is purely a purchase/sale transaction on principal-to-principal basis and there is no relationship of agency, hence no obligation was cast upon the assessee to have deducted tax at source under Sec. 194H in respect of the discounts given to the distributors on the sale of the same.

Exemptions u/s 11(1)(d) cannot be denied for mere non claim in ITR

July 19, 2018 5595 Views 0 comment Print

ITO (Exemptions) Vs M/s. Syndicate Rural Development Trust (ITAT Bangalore) Appellant is a trust registered under section 12AA and filed its return of income on 29.09.2014 declaring a Nil income. During the year, appellant received Rs.50.00 lakh from National Institute of Rural Development, Government of India, as a part of grant of Rs.100 lakh for […]

Anti-profiteering clause not applicable to E commerce operator acting as an Agent: NAA

July 18, 2018 2295 Views 0 comment Print

E commerce operator is only acting as an agent and not covered by the anti-profiteering clause. However, it has observed the excess tax collected from customers were not refunded when rate of change took place for some of the products on 15th Nov 2017 in GST

No Service Tax on Recovery of Cost incurred for VPN from Sub-Brokers

July 18, 2018 1758 Views 0 comment Print

The present appal is filed against the of Order-in-Original No. DEL-SVTAX-ADJ-COM-48-53-13-14 dated 31.03.2014 passed by the Commissioner of Service Tax (Adj.), New Delhi. The period of dispute is from 01.04.2007 to 31.03.2012. 2. Vide the impugned order, the Commissioner has adjudicated the demand raised in six show cause notices issued by various parties. The total service tax demand upheld vide the impugned order is Rs. 4,05,97,745/- alongwith interest and penalties. The following table indicates the demand of service tax made under the different services.

Excise Duty cannot be levied on Payments based on post-sales performance

July 18, 2018 828 Views 0 comment Print

M/s. Sail Refractory Co. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) Bonus and penalty are post-sales provisions, therefore excise duty cannot be levied on such payments which are based on performance post-sales / clearance of the goods. Above issue is covered by the judgment in the case of Vishwakarma Refractories Pvt. Ltd. Vs. […]

Form GST TRAN-1 Filing Issue- Appoint Nodal Officer/Officers- HC

July 18, 2018 1503 Views 0 comment Print

Pothys Vs. Principal Chief Commissioner (Madras High Court) i. The respective Commissioner of GST and Central excise are directed to appoint Nodal Officer/Officers for the State of Tamil Nadu, if not already appointed, within a period of 2 weeks from the date of receipt of a copy of this order and ii. The petitioners/assessees are […]

Cenvat Credit available on Courier charges for samples sent free of cost to prospective buyers

July 18, 2018 1635 Views 0 comment Print

Brief facts are that the appellants are manufacturers of Transformer oil, Petroleum jelly and light liquid paraffin and are availing the facility of Cenvat credit on service tax paid on various input services. During the disputed period, they had availed credit of service tax paid on courier services for sending the samples of their products to buyers in foreign countries. The department was of the view that these are export of goods as the courier services is akin to outward transportation of finished goods from factory gate to the customer’s premises and therefore is not eligible for credit

GST Rate on GPS, Echo Sounder, Radio Detecting & Ranging etc

July 18, 2018 9969 Views 0 comment Print

Applicant imports various goods/spares, which are supplied on ships and these equipment form an essential part of the ship, and makes the ship sea worthy.

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