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Judiciary

AAR Ruling on classification of ‘Sulekh Sarita’ books for GST

April 6, 2018 3141 Views 0 comment Print

The main problem faced by the children in Hindi subject is the error of MATRAS. This book teaches MATRAS with the concept of with comparison of words and picture presentation. The concept helps the child to learn Hindi MATRAS in the easy way, thus making the Hindi subject easier for the child.

GST on Dried Tobacco Leaves sold after cleaning & removal of unwanted particles

April 6, 2018 7980 Views 0 comment Print

The applicant is interested in trading of Dried Tobacco Leaves which would be purchased from registered dealer who in return purchases such Tobacco Leaves from Agriculturist / Farmers. Such registered dealer after purchasing it from Agriculturist / Farmers will sell the same to Applicant as it is without any further change in its form.

Taxability of FOC Supplies made by recipient of service to service provider

April 6, 2018 5334 Views 0 comment Print

On issue of Service Tax applicability on free of cost (FOC) supplies by the service recipient of construction service to the service provider (assessee), we are sharing with you a landmark judgement of the Hon’ble Supreme Court, decided in favour of the assessee, in the case of Commissioner of Service Tax Vs. M/s Bhayana Builders (P) Ltd.

Two flats in different locations cannot be considered as single residential house for section 54 / 54F

April 5, 2018 8517 Views 0 comment Print

The learned Commissioner of Income Tax(Appeals) erred in allowing the assessees appeal relying on the decision of the Honble High Court of Karnataka in the case of Smt. K.G. Ruminiamma (2011 )331 ITR 211 when the facts of the case are distinguishable from the assessee’s case. In the case of Smt. K.G Ruminiamma

VAT Subsidy not includible in Assessable Value of goods manufactured by appellants

April 5, 2018 3324 Views 0 comment Print

The crux of the dispute in the present case is whether such subsidy amounts are required to be included in the assessable value of the goods manufactured by the appellants, in terms of Section 4 of the Central Excise Act.

No input tax credit for Krishi cess in GST Regime: AAR

April 5, 2018 10926 Views 0 comment Print

In re Kansai Nerolac Paints Limited (GST AAR Maharashtra) Whether accumulated credit by way of Krishi Kalyan Cess (KKC) as appeared in the Service tax return of Input Service Distributor (ISD) ON June 30, 2017 which is carried forward in the electronic credit ledger maintained by the company under CGST Act 2017, will be considered […]

CESTAT on Inclusion of VAT Subsidy in Assessable Value

April 5, 2018 5094 Views 0 comment Print

The present appeal is against the Order-in-Original No.26/2017 dated 28.09.2017. The appellant is a manufacturer of cement and clinker falling under chapter heading 2523 of the Central Excise Tariff. The Central Excise duty on the cement sold by the appellant was mostly discharged on MRP basis under Section 4A and partly by payment of Central Excise Duty on Transaction Value at Adv

GST on ancillary services (Transfer / Extension / Conversion fees etc.)

April 5, 2018 9228 Views 0 comment Print

Whether the following ancillary services provided are exempt from GST • Transfer Fees – Fees charged for the purpose of transfer of Industrial Plot from one person to another. • Extension Fees – Fees charged for delay in the commencement’ of construction and production. • Conversion Fees – Fees charged for the conversion of leasehold plot into freehold.

Capital gain assessable in the hands of legal heirs who inherited the land and shared sale consideration

April 4, 2018 10590 Views 0 comment Print

Capital gain to be assessed in the hands of all the legal heirs who have inherited the land and also shared the sale consideration. Cost of acquisition has to be determined by considering relevant provisions of the Act as well as the fair market value of the land as on 01.04.1981.

Input service credit not allowable on Insurance of family members of the employees

April 4, 2018 1272 Views 0 comment Print

The input service credit on insurance is denied on the ground that these insurance has been taken for the family members of the employees which is in nature of perquisites. I do agree with the finding of the lower appellate authority as the insurance of family members of the employees has no concern with the business of manufacturing of the appellant.

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