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Judiciary

GST Rate on inputs used for constructing warships & submarines

July 11, 2018 5847 Views 0 comment Print

Issue that is raised before us by the applicant is whether the inputs mentioned in Annexure B of the application, which are used for constructing the warships and submarines are forming parts of such warships/submarines and therefore chargeable to reduced tax @ 5% under Sr.No.252 of Notification No.1/2017 Central Tax (Rate) dated 28.06.2017.

28% GST Payable on Disc Brake Pads under chapter heading 8708

July 11, 2018 6204 Views 0 comment Print

In re Compo Advice India Private Limited (GST AAR Maharashtra) Whether under which HSN Code our Product Disc Brake Pads  to be classified under 6813 or under 8708 as there are different rate charged in both code? The Product i.e. Disc Brake Pads falls under chapter heading 8708 and would be liable to tax @ […]

GST Rate on Work Contract Services pertaining to railways by sub-contractor

July 11, 2018 31092 Views 0 comment Print

In re Shree Construction (GST AAR Maharashtra) Q. No. 1 : What Tax rate to be charged by the sub contractor to main contractor on Works Contract Services ( WCS) pertaining to railways original works contract? Answer : The tax rate to be charged by the sub-contractor to the main contractor would be @ 6% […]

GST on liquidated damages to be awarded by ICC

July 11, 2018 7860 Views 2 comments Print

In re M/s. North American Coal Corporation India Private limited (GST AAR Maharashtra) 1. Whether liquidated damages that may be awarded to the Applicant by the International Chamber of Commerce (“ICC”) qualifies as a ‘supply’ under the Goods and Services Tax (“GST”) law, thereby attracting the levy of GST ? Answer – The consideration that […]

Input tax credit on hiring of buses / Cars for transportation of employees

July 11, 2018 45267 Views 0 comment Print

In re YKK India Private Limited (GST AAR Haryana) 1. The applicant is not eligible to take input tax credit on:- a. GST charged by the Contractor for hiring of buses for transportation of employees. b. GST charged by the Contractor for hiring of cars for transportation of employees? 2. The restriction on ‘Rent a Cab’ […]

CCI penalises SALPG for terminalling services at Visakhapatnam Port

July 11, 2018 1203 Views 0 comment Print

Competition Commission of India (CCI) issues order against South Asia LPG Company Pvt. Ltd. (SALPG) for abuse of dominant position for terminalling services at Visakhapatnam Port; imposes penalty of Rs. 19.07 crore on SALPG.

CCI penalises Sports Broadcasters for rigging bids in tenders

July 11, 2018 1977 Views 0 comment Print

Sports Broadcasters. Vs. Essel Shyam Communication Limited & others (CCI) CCI passes order under Lesser Penalty Provisions against broadcasting service providers for rigging bids in tenders by Sports Broadcasters This case was taken up by Competition Commission of India (‘CCI’) suo motu under Section 19 of the Competition Act, 2002 (‘the Act’) based on the […]

Penalty levied by IRDA for non-compliance of Regulation is allowable

July 10, 2018 2079 Views 0 comment Print

This appeal filed by the assessee is directed against the order of Ld. CIT (Appeals) – 18, Kolkata dated 15.04.2016 and the solitary issue involved therein relates to the disallowance of Rs. 5,00,000/- made by the A.O. and confirmed by the Ld. CIT(A) on account of penalty charges paid to Insurance Regularly and Development Authority (IRDA).

Bogus LTCG addition based on statement of others not sustainable if Assessee not been provided copy of such statement with Opportunity to cross-examination

July 10, 2018 1146 Views 0 comment Print

Ld. CIT(A) erred in treating the income offered by the assessee under the head income from capital gains as against under the head income from other sources as assessed by the Assessing Officer treating the same as income from undisclosed sources.

Appearance of Women before ED not contrary to Section 160 of Code of Criminal Procedure

July 10, 2018 3561 Views 0 comment Print

Nalini Chidambaram Vs Directorate of Enforcement (Madras High Court) It is an admitted fact that initially the appellant was permitted to appear through the authorised agent. The impugned notice was issued on finding certain new facts and contradiction in the statements given, which could not be satisfactorily explained by the authorised agent. The appellant has been rendering a professional service by travelling extensively throughout the country. While doing so, the question of determination of sex did not stand in any way. However, for appearing before an authority, which is mandated by law, she seeks protective discrimination as a […]

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