Follow Us:

Judiciary

Renting of Immovable Property: Service tax not Leviable on One-Time Non-Refundable Deposit

June 23, 2018 1926 Views 0 comment Print

Kagal Nagar Parishad Vs Commissioner of Central Excise (CESTAT Mumbai) Revenue sought to tax the one time premium deposit, which is not refundable under the head of renting of immovable property service considering the same as rent. We find that there is a separate charge for the rent, which alone is taxable, the onetime premium […]

Mechanized cleaning of Agriculture produce at installed plant not attract NIL rate of GST

June 23, 2018 4248 Views 0 comment Print

The activity of mechanized cleaning of the various Agriculture produce like Saunf (Fennel) Dhaniya (Coriander), Jeera (Cumin seeds), etc. or the like goods which are brought to them by the farmers or by the traders does not fall under intermediate production process as job work in relation to cultivation of plants.

Goods seized for wrong e-way bill date must be released on furnishing of security other than cash or bank guarantee

June 23, 2018 1722 Views 0 comment Print

The petitioner has ought to quash the seizure order dated 05.01.2018 which has been passed against the petitioner on the allegation that there was some wrong declaration on the date in the E-way Bill. The petitioner states that it had been written down inadvertently. Other than that no other allegation has been made against the petitioner.

Co-Operative Society cannot be treated as Industry under Industrial Disputes Act

June 22, 2018 4761 Views 0 comment Print

In the present case, merely because the society charged some extra charges from a few of its members for display of neon signs, the society cannot be treated as an industry carrying on business of hiring out of neon signs or allowing display of advertisements. In the premises, the impugned award of the Labour Court suffers from a serious error of jurisdiction.

HC directs release of goods detained for non-availability of E-way bill considering other documents

June 22, 2018 1620 Views 0 comment Print

E-Way Bill has been made applicable under the Central GST with effect from 1st February, 2018 and was not in place on the date of seizure though the State of U.P. alone has made a provision for the E-Way Bill earlier but that was not applicable to the State of Jharkhand from where the said loader/tipper had started journey.

No Cessation of liability if Amount forfeited is subject matter of civil suit and cannot be taxed

June 22, 2018 1230 Views 0 comment Print

Where amount forfeited by assessee against cancellation of booking of flat was subject-matter of civil suit, it could not be said that there was cessation of liability so as to tax such amount as assessee’s income.

Interest on Home Loan- Deduction U/s. 24(b) and in Computation of Capital Gain

June 22, 2018 9615 Views 0 comment Print

Deduction under section 24(b) and computation of capital gains under section 48 being altogether different provisions, interest paid to bank for acquiring capital asset would be eligible as part of cost of acquisition, even if same had been claimed under section 24(b) while computing income from housing property.

GST on Reactor machine used in Hand Pump for water disinfection

June 22, 2018 1608 Views 0 comment Print

In re Taraltec solutions private limited (GST AAR Maharashtra) GST Rate Applicability on reactor machine which is used in Hand Pump for water disinfection Reactor, in the case of the applicant is nothing but a filtering or purifying machinery/apparatus for liquids. Apparatus used for filtering or purifying water falls under Heading 8421 21 attracting 9% […]

Application for restoration should not be decided only on technical approach

June 22, 2018 6507 Views 0 comment Print

When the applications are filed to restore the same, the Courts are expected to look into the matter not only in the technical angle but also it needs blending of humanity looking to the nature of the case for which the restoration is sought. Otherwise the Court would start emitting danger signals.

Sec. 195 No TDS deductible if sum is not chargeable to tax

June 22, 2018 4386 Views 0 comment Print

Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal, Rajkot Bench dated 28th August 2017, raising the following question for our consideration

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031