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Judiciary

Mobile sold with charger with single MRP cannot be assessed separately

January 18, 2018 10230 Views 0 comment Print

Admittedly, the mobile phone and charger are sold as part of a composite package. The primary intent of the contract appears to be the sale of the mobile phone and the supply of the charger at best collateral or connected to the sale of the mobile phone.

Understated Sale Value of Agricultural Land to avoid payment of Stamp Duty taxable

January 18, 2018 9516 Views 0 comment Print

 ACIT Vs. Sh. Mohinder Singh (ITAT Chandigarh) Nature of receipt of income over and above the registered sale consideration in the hands of seller The nature of receipt of the income over and above the registered sale consideration in the hands of seller would not fall under the head ‘Capital Gains’ but ‘income from other […]

HC allows disqualified director in a Strike off Company to avail CODS 2018

January 18, 2018 10611 Views 5 comments Print

Admittedly,Company is not carrying out any businesss and its bank account has not been operated for over three years, petitioner ought to be provided benefit of CODS – 2018.

ITAT not levied penalty on CA Firm for not paying FBT on traveling & conveyance Expenses of Articled Clerks

January 17, 2018 1200 Views 0 comment Print

M/s. Gujrani & Co. Vs. Income Tax Officer (ITAT Kolkata) It is observed that the audit expenses of Rs. 5,19,238/- were claimed to be incurred by the assessee- company towards traveling and conveyance of the Articled Clerks, who were C.A. students receiving training from the assessee- firm. It was contended by the assessee during the […]

Interest-free loan to sister concern- Sufficient own funds-No Disllowance can be made

January 17, 2018 5748 Views 0 comment Print

Undisputedly, interest-free funds available with assessee were far in excess of amount advanced to sister concern and a presumption would arise in favour of the assessee that interest-free funds had been utilized for advancing interest free loan to the sister cocnern, therefore, disallowance of deduction under section 36(1)(iii) was not justified.

Goods can’t be detained for Mere Non-Compliance of GST Rules

January 17, 2018 4599 Views 0 comment Print

The Kerala High Court, in M/S Indus Towers Limited Vs. The Assistant State Tax Officer, held that the power of detention contemplated under Section 129 of the SGST Act can be exercised only in respect of goods which are liable to be confiscated under Section 130 of the SGST Act.

18% GST Payable on Hydraulic Orbital Valve classifiable under Tariff Heading 84.81

January 17, 2018 2364 Views 0 comment Print

In re M/s. Dyna Automation Private Limited (AAR Gujarat) What is the classification and rate of Goods and Services Tax for Steering unit which is a kind of hydraulic valve and used as intermediate parts of hydraulic systems in agricultural harvesting machine ? The product “Hydraulic Orbital Valve” is classifiable under Tariff Heading 84.81 of […]

Pumps for sewage or waste is different from clear or raw water: Not eligible for 12% GST

January 17, 2018 4929 Views 0 comment Print

In re M/s. Aqua Machineries Pvt. Ltd. (AAR Gujarat) In common parlance, when one refers to ‘water’, it is understood in the sense of clear or raw water and not in the sense of ‘sewage’. In commercial parlance also, ‘pumps primarily designed for handling water’ and ‘other pumps or pumps designed for handling sewage’ are […]

Laying of underground pipeline network is works contract & GST is Payable

January 17, 2018 15501 Views 0 comment Print

In re M/s. R.B. Construction Company (AAR Gujarat) A. Does the work executed and invoice to be raised for the pending event of testing and commissioning by the applicant after the implementation of the Goods and Services Tax Act amount to supply, and specifically supply of works contract ? The work of laying of underground […]

Authorities have right to ask about inclusion of GST in Tender Price

January 17, 2018 5388 Views 0 comment Print

Kakali Bera Vs. Union of India (Calcutta High Court) Tender process initiated by the tender notice dated April 27, 2017 is under challenge in the present writ petition. The petitioners were admittedly found to be technically qualified and their financial bids were opened. At the initial stage of the financial bid, the petitioners were declared […]

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