Share this on WhatsApp MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 15th February, 2019 G.S.R. 121(E).—The following draft of certain rules further to amend the Employees’ State Insurance (Central) Rules, 1950 which the Central Government, after consultation with the Employees’ State Insurance Corporation, proposes to make in exercise of the powers conferred by… Read More »
Share this on WhatsAppSUPREME COURT OF INDIA Commissioner of Income-tax v. Jagannath Gupta Family Trust R. BANUMATHI AND R. SUBHASH REDDY, JJ. CIVIL APPEAL NO. 1381 OF 2019 FEBRUARY 1, 2019 JUDGMENT R. Subhash Reddv, J. – Leave granted. 2. This civil appeal is filed by the appellant, i.e., the Commissioner of Income tax (Exemptions), Kolkata, aggrieved by the… Read More »
Share this on WhatsApp The obligation of the Assessee u/s.192 is only to make bonafide estimate of income of his employee under the head salaries. Such obligation cannot be tested on the parameters laid down on exercise of power by authorities under the Act exercising powers u/s.132 or u/s.147 of the Act. IN THE ITAT BANGALORE BENCH… Read More »
Share this on WhatsApploss incurred was in the transaction relating to and for acquisition of a capital asset. For some reason, the attempt made by the appellant-assessee to acquire land/plot as a capital asset did not fructify. Hence, the appellant-assessee had asked for refund of the amount, which was paid for acquisition of the capital… Read More »
Share this on WhatsApp HIGH COURT OF CALCUTTA Shrivardhan Mohta v. Union of India DEBANGSU BASAK, J. W.P. NO. 568 OF 2018 FEBRUARY 14, 2019 Mrs. Manju Agarwal and Bajrang Manot, Advs. for the Petitioner. Kaushik Chanda, Ld. A.S.G. D.K. Bhowmick, Mrs. Debjani Ray, Ms. Nabonita Karmakar and Yogesh Bhatt, Advs. for the Respondent. ORDER 1. The petitioner has sought a declaration that, the provisions of Black Money… Read More »
Share this on WhatsAppWhether the “Power Bank”, traded by the Applicant, is classifiable under Heading 8504 40 90 as ‘Static Converter – Others’ ? AUTHORITY FOR ADVANCE RULINGS, KARNATAKA Xiaomi Technology india (P.) Ltd., In re HARISH DHARNIA AND DR. RAVI PRASAD M.P., MEMBER ADVANCE RULING NO. KAR/ADRG 01/2019 JANUARY 22, 2019 Shivarajan K., CA for the Applicant. Download… Read More »
Share this on WhatsAppWhether security and scavenging services to the Govt is exempt under SL No. 3 or 3A of Notification No. 12/2017-CT(Rate) dated 28/06/2017, as amended from time to time Held Benefit of exemption from the payment of GST is not available to the Applicant under Notification No 12/2017-CT(Rate) dated 28.06.2017 and WB Govt… Read More »
Share this on WhatsAppWithdrawal of the Announcement regarding Clarification on Applicability of Rotation principles on a company as per Section 139 of the Companies Act 2013 where the company ceases to fall under the ambit of Rotation principles in subsequent years.-(15-02-2019) ANNOUNCEMENT Withdrawal of the Announcement regarding Clarification on Applicability of Rotation principles on a… Read More »
Share this on WhatsAppWhen to Pay GST & Claim ITC if Goods Sold in Transit Regarding time of receipt of goods so as to understand the time when credit shall be available? Regarding the time of supply of goods vis-à-vis raising the tax invoice to actual supply of goods? Haryana Authority of Advance Ruling Pasco… Read More »
Share this on WhatsAppF. No. 01/33/2013-CL.V (Pt.)Government of IndiaMinistry of Corporate Affairs 5th Floor, A Wing, Shastri Bhawan,Dr. Rajendra Prasad Road, New Delhi- 110001 Dated:- 15th February, 2019 To, The President,Institute of Chartered Accountants of India, ICAI Bhawan,Post Box No. 7112, Indraprastha Marg, New Delhi-110002. Sub:- ICAI’s announcement regarding clarification on Applicability of Rotation principles on a… Read More »
Share this on WhatsApp ‘Whether GST is exempt or is applicable on the Private Entrepreneurs Godowns built under the PEG-2008 scheme of the FCI and leased out to the Nodal Agency (UPSWC) on ‘Lease and services basis’ for the storage of FCI’s food grain stocks (Wheat)’.Held Leasing of immovable property and support services in relation… Read More »
Share this on WhatsAppseeks to insert tariff item 9806 00 00 in chapter 98 of the First schedule to Customs tariff act, 1975 to impose basic customs duty of 200% on all goods originating in or exported from Pakistan. [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,SECTION 3, SUB- SECTION (i)]GOVERNMENT OF… Read More »
Share this on WhatsApp The applicant M/s Oscar Security & Fire Service is providing Man power services to Hospital cum General Medical College and State University (Education Institutions). The question is whether all medical education institutions and State Universities are not liable to pay GST as per Sr. No. 66 Heading 9992 in notification no.… Read More »
Share this on WhatsApp Haryana Authority of Advance Ruling YKK India Pvt. Ltd HAR/HAAR/R/2018-19/04 Dated 11.07.18 Whether the Applicant is eligible to take input tax credit on: GST charged by the Contractor for hiring of buses for transportation of employees? GST charged by the Contractor for hiring of cars for transportation of employees? Whether the… Read More »
Share this on WhatsApp ITAT Ahmedabad DCIT Vs Shri Arvind N. Nopany Appeal Number : Income Tax (Search & Seizer) Appeal Nos. 128 & 129/Ahd/2016 Date of Judgement : 24/01/2019 Related Assessment Year : 2008-09 & 2009-10 These two instant appeals filed by the revenue are against the order dated 28.01.2016 passed by the Commissioner… Read More »
Share this on WhatsAppInput tax credit not allowed under GST u/s 17(5) of CGST Act (Blocked credit) One of the important aspects of GST is on which supplies is the input tax credit not available or is prohibited. Under section 17(5) of CGST Act, there are certain supplies on which input tax credit under GST is not available.… Read More »
Share this on WhatsAppHow to Transfer Funds from NRO to NRE Account NRIs (Non Resident Indians) may transfer funds from the Non-Resident Ordinary Account (NRO) to Non-Resident External Account (NRE). The Reserve Bank of India (RBI) permitted NRO to NRE fund transfer subject to payment of applicable taxes within the overall ceiling of $ 1 million… Read More »
Share this on WhatsAppAs per Liberalised Remittance Scheme of Reserve Bank of india (Updated as on February 13, 2019) Q Can a resident individual make a rupee loan to a NRI/PIO who is a close relative of resident individual, by of crossed cheque/ electronic transfer? Ans. A resident individual is permitted to make a rupee… Read More »
Share this on WhatsApp MAJOR CHANGES IN GST – EFFECTIVE FROM 01.02.2019 1. Upper limit of turnover for opting composition scheme – raised from Rs. 1 Cr to Rs. 1.50 Cr. 2. A Composite dealer(in goods) shall be allowed to supply services (other than restaurant services), for a value not exceeding — Higher of 10%… Read More »
Share this on WhatsAppThe law is well settled that where two views are possible on an issue, the view favourable to the Assessee should be followed. Moreover, the decision of the Hon’ble Karnataka High Court in the case of Mrs. Jennifer Bhide (supra) is in favour of the Assessee. Following the said decisions, we hold that the… Read More »
Share this on WhatsApp Bags/Sacks manufactured by respondent are not manufacture out of textile material as defined under Heading No. 6305 of the Tariff Act but is rather made of woven strips manufactured out of Polypropylene/Linear Low Density Polyethylene (i.e., made of plastics) as defined under Heading No. 3923, impugned goods are clearly classifiable under… Read More »
Share this on WhatsApp whether goods exported out of India directly by manufacturer mentioning applicant as Third Party Exporter for purpose of Foreign Trade Policy will be considered as exports at hands of Applicant under GST Laws ? AUTHORITY FOR ADVANCE RULINGS, MAHARASHTRA K. Uttamlal Exports (P.) Ltd., In re B.V. BORHADE AND PANKAJ KUMAR, MEMBER ORDER NO. GST-ARA-57/2018-19/B-130 OCTOBER… Read More »
Share this on WhatsAppGST on Supplies Purchased and Sold outside India on direction of Indian Customer ? In case of domestic company supplying gift items, the orders are received from Indian customers for supplying gifts to their relatives residing abroad (Outside India). Payment is received in Indian currency. The company has tie ups with suppliers abroad.… Read More »
Share this on WhatsAppWhether the ITC of Central Tax paid in Haryana be available to the applicant who is registered in Rajasthan state, whereby such tax is paid on inward supplies used for business of person registered in Rajasthan Rajasthan Aurhotity of Advance Ruling IMF Cognitive Technology Pvt Ltd RAJ/AAR/2018-19/30 dated 09.01.2019 Download Click here… Read More »
Share this on WhatsAppCommon GST Errors -Part 3 जीएसटी की आम गलतियां भाग 3 (INCORRECT DETERMINATION OF PLACE OF SUPPLY) Wrong discharge of GST (under RCM) without determining place of supply. It may be possible that same is not eligible for full ITC. Example: Incorrectly treating Import of services from overseas vendors. GST department may… Read More »
Share this on WhatsAppthat assessee is carrying on the activities of medical relief for eradication and education of HIV AIDS patients the assessee is entitled to the registration u/s. 12 AA of the income tax act as there is no finding by the learned CIT – exemption that the activities of the assessee are not… Read More »
Share this on WhatsAppActivity in relation to Mid-day meals & Anganwadi meals covered under scope of supply in GST: AAR (I) Preparation and serving of food to children of government schools under Mid-day meal Program of Government and serving of food under Government sponsored Anganwadi meals program is covered under scope of supply as per… Read More »
Share this on WhatsAppAadhaar-PAN linking is mandatory now which has to be completed till 31.3.2019 by the PAN holders requiring filing of Income Tax Return. Constitutional validity of Aadhaar has been upheld by the Hon’ble Supreme Court of India in September 2018. Consequently, in terms of Section 139AA of Income Tax Act., 1961 and order dated 30.6.2018 of the… Read More »
Share this on WhatsApp Whether I can now be converted into regular GST dealer w.e.f. 25.11.2017? If yes, then whether I can avail credit of stock in hand as on 25.11.2017? If I can’t converted into regular GST dealer w.e.f. 25.11.2017 then in that case what will be situation to me. Whether my assessment will… Read More »
Share this on WhatsApp HIGH COURT OF GUJARAT Mono Steel India Ltd. v. State of Gujarat HARSHA DEVANI AND DR. A.P. THAKER, JJ. R/SPECIAL CIVIL APPLICATION NO. 618 OF 2019 JANUARY 17, 2019 Amal Paresh Dave and Paresh M. Dave for the Appellant. JUDGEMENT Harsha Devani, J. – Mr. Paresh Dave, learned advocate for the petitioner has submitted that… Read More »