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Judiciary

Dross and Skimming were nonferrous metal; Excise duty not payable

April 23, 2018 1122 Views 0 comment Print

C.C.E. & S.T. Vs Hindalco Industries Limited (CESTAT Ahmedabad) Dross and Skimming were nonferrous metal for any such by-product or waste which are non-excisable goods and are cleared for a consideration from the factory need to be treated like exempted goods for the purpose of reversal of credit of input or input service in terms […]

Exercise of revisional jurisdiction u/s 263 for adjustment of FBT in book profit

April 23, 2018 786 Views 0 comment Print

Rashtriya Chemicals & Fertilizers Limited Vs. CIT (ITAT Mumbai) Taxes borne by the assessee on non-monetary perquisites provided to employees forms part of Employee Benefit cost and akin to Fringe Benefit Tax since they are certainly not below the line items since the same are expressively disallowed u/s 40(a)(v) and the same do not constitute […]

Assessee cannot be asked to comply with a provision not in force at relevant time

April 23, 2018 2712 Views 0 comment Print

A party cannot be called upon to perform an impossible Act i.e. to comply with a provision not in force at the relevant time but introduced later by retrospective amendment. S. 40(a)(i) dis allowance can be made only if the royalty falls under Explanation 2 to s. 9(1)(vi) but not if it falls under Explanation 6 to s. 9(1)(vi)

No TDS on payment for goods manufactured as per specification on principal-to-principal basis

April 23, 2018 2604 Views 0 comment Print

Though manufacturers were obliged to manufacture products as per specifications and standards provided by the assessee however, contractual obligations were entered into on principal-to-principal basis and related agreements were purchase and sale contracts simpliciter, which did not require any deduction of tax under section 194C.

GST on premium collected on behalf of Insurance Companies: AAR dismisses Application

April 23, 2018 1578 Views 0 comment Print

M/s Manipal Academy for Higher Education, University Building, Madhav Nagar, Manipal, Udipi, Karnataka — 576 104, (herein after referred to as MAHE / Applicant) having GSTIN number 29AAETM8695B1Z4, have filed an application, on 04.12.2017, for advance ruling under Section 97 of COST Act,2017, KGST Act, 2017 & 1GST Act,

GST on fees forfeited from students, Notice pay recovery etc.: AAR dismisses Application

April 23, 2018 5169 Views 2 comments Print

i. Whether the amount recovered from post graduate course candidates as compensation on certain contingencies, is liable to GST in the hands of Manipal Academy of Higher Education? ii. Whether the amount recovered from employees as notice pay recovery for not serving agreed notice period is liable for GST? iii. Whether fees forfeited from students on discontinuing the course, before the term, is liable to GST?

GST Payable on Services by way of transfer of a going concern: AAR

April 23, 2018 14961 Views 0 comment Print

In re Rajashri Foods Pvt. Ltd. (AAR Karnataka) The transaction of transfer of business as a whole of one of the units of the Applicant in the nature of a going concern amounts to supply of service. The transaction of transfer of one of the units of the Applicant as a going concern is covered […]

Cleaning services supplied to Railways are not exempt from GST: AAR Delhi

April 23, 2018 7686 Views 0 comment Print

It is held that the cleaning services supplied by the applicant to the Northern Railways are not exempted under S. No. 3 of the Notification No. 09/2017 — Integrated Tax (Rate) dated 28.06.2017, as amended by Notification No. 2/2018 — Integrated Tax (Rate) dated 25.01.2018 and parallel Notifications of CGST and SGST.

Depreciation on Motor Car cannot be disallowed partly on Personal use assumption

April 22, 2018 14991 Views 0 comment Print

When motor vehicles are in the gross block of the company and used for business it cannot ipso facto lead to an inference that the depreciation has to be partly disallowed on the assumption that these are partly used for personal use: Claridges Hotels case.

ICAI not bound to take disciplinary action against its member merely because of receipt of reminder from SFIO

April 22, 2018 4935 Views 0 comment Print

Petitioner is a Chartered Accountant against whom information within the meaning of Rule 7 of the Chartered Accountants (Procedure of Investigation of Professional and other Misconduct and Conduct of Cases) Rules, 2007 was provided by Serious Fraud Investigation Office

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