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Judiciary

Depreciation on Printers, UPS, Scanners, Cash dispenser Hardware & ATM Switch

March 28, 2018 10716 Views 1 comment Print

Adarsh Coopertaive Urban Bank Ltd. Vs ACIT (ITAT Hyderabad) ATM is a computer telecommunication device that allows Bank Customers to access banking at places other than the normal bank without having to take the trouble to go to the Bank in person and collect the cash as is done under the conventional method of withdrawing […]

First order by National Anti-Profiteering Authority- Ruled in favour of Seller

March 27, 2018 12018 Views 0 comment Print

GST – NAA – Supply of Honda Car – Applicant alleged that he was not given benefit of reduced rate of Tax which amounted to profiteering – Whether there was a substantial reduction in the rate of tax on the cars after the GST was implemented as claimed by the applicant and whether the benefit as emanating from such reduced tax rate

GST Leviable on ‘Duty Free’ shops at Delhi International Airport: AAR

March 27, 2018 3120 Views 0 comment Print

The applicant is in the business of retail sale of sunglasses. The applicant was registered under the Delhi Value Added Tax Act, 2004 and the Central Sales Tax Act, 1956 and now the applicant has migrated to GST regime and its present provisional GST Number is 07AADCR6468R1ZF.

Duty Free Shops supplies not Exports under GST- Delhi AAR ruling

March 27, 2018 7545 Views 1 comment Print

Though section 105 of CGST Act states that every proceeding before Authority for Advance Ruling (AAR) shall be judicial proceedings, however, Rule 103 of CGST rules states that both the member judges of this authority shall be officers not below the rank of joint commissioners. Departmental officers are members of this so called ‘judicial proceedings’ in AAR.

Cenvat credit eligible on Cement & steel bars used in structural foundation to support power plant

March 27, 2018 1863 Views 0 comment Print

The dispute is with reference to availability of Cenvat credit to the appellant in respect of cement and steel bars used in the structural foundation to support the power plant. The matter was earlier heard by the Single Member bench.

Section 263 Inadequate inquiry by AO, cannot be considered as lack of inquiry

March 26, 2018 2322 Views 0 comment Print

Inadequate inquiry by AO with respect to compliance of TDS under section 194H could not be equated with lack of inquiry, so as take the case for revision under section 263.

AAR Kerala allows advance ruling withdrawal on applicability of Margin Scheme on demo cars

March 26, 2018 1134 Views 0 comment Print

GST Act, 2017 – Advance Ruling U/s 98 – whether the sale of ‘demo cars’ will fall under Rule 32(5) of the GST Rule – Also known as Margin Scheme- Request for withdrawal of application – Orders issued

GST Rate on Rubber Wood is 18%: AAR

March 26, 2018 7581 Views 0 comment Print

Sri.N.C. Varghese, Thrissur, a small scale contractor (hereinafter called the applicant), has preferred an application for Advance Ruling on the rate of tax of standing rubber trees. The applicant is engaged in the purchase and cutting and removal of rubber trees from the plantations of certain public sector undertakings owned by the Government of Kerala and also from private individuals in Kerala

Addition made U/s. 153A merely on the basis of bank pass book are not sustainable

March 26, 2018 1182 Views 0 comment Print

Because in any view, the addition made u/s 68 of Rs.10,00,000/- of amount of gifts received (Rs.5,00,000/-+ Rs.5,00,000/-) in the Assessment u/s 153A without having any adverse material, and by not appreciating the evidences on record, the addition confirmed by ld. CIT(A) is grossly unjust, arbitrary, and against the facts and law of the case.

GST not payable on Merchant Trade Transaction : AAR

March 26, 2018 26136 Views 0 comment Print

They are in the business of trading in spices and spice products. They have two modes of transactions. In the first kind, the applicant receives order from a customer in USA for the supply of spice products. They place a corresponding order to a supplier in China for supplying the goods ordered by the customer in USA.

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