Yearly Archives: 2018

Advance salary received by employee during demonetization is not benami transaction

By | December 20, 2018

APPELLATE TRIBUNAL FOR PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, NEW DELHI T. Raja v. K. Visakh JUSTICE MANMOHAN SINGH, CHAIRMAN FPA/PBPT/30, 31, 53, 55, 59, 60, 63 (CHN) OF 2018 OCTOBER  31, 2018 Anirudh Bakhru and Sudhir Chandra, Advs. for the Appellant. Anish Dhingra, SPP for the Respondent. JUDGMENT   1. By this Order, I propose to decide the above-mentioned seven appeals… Read More »

Changes on Eway bill Portal : Common Enrolment for Registered Transporters

By | December 20, 2018

NATIONAL INFORMATICS CENTRE E-WAY BILL SYSTEM Common Enrolment for Registered Transporters How to Appy for Common Enrolment of Transporter (GST ENR-02) on E Way bill Portal One of the requests of the transporters was that they have to be allowed to use one registration number for updation of e-way bills throughout the country. That is,… Read More »

Section 43B disallowance under Income Tax Act

By | December 20, 2018

Section 43B disallowance under Income Tax Act Section 43B of Income Tax Act : Certain deductions to be only on actual payment. Judgments on Section 43B of Income Tax Act Leave Encashment Deduction on Payment basis u/s 43B is constitutional valid : SC Delayed payment of Employee EPF allowed if paid before filing ITR u/s 139… Read More »

GST on Charitable and Religious Trusts

By | December 20, 2018

GST on Charitable and Religious Trusts The provisions relating to taxation of activities of charitable institutions and religious trusts have been borrowed and carried over from the erstwhile service tax provisions. All services provided by such entities are not exempt. In fact, there are many services that are provided by such entities which would be… Read More »

Late Fees & Penalty for delay in filing TDS/TCS Statements under Income Tax

By | December 20, 2018

LATE FILING FEES AND PENALTY FOR FAILURE TO FURNISH/DELAY IN FURNISHING THE TDS/TCS STATEMENTS [As amended by Finance Act, 2018] Before understanding the penalty provisions for failure to furnish the statement of Tax Deducted at Source or statement of Tax Collected as Source (i.e. commonly known a TDS/TCS return) we shall first have a look at… Read More »

Pay GST on subscription & membership fee received for social welfare activities : AAR

By | December 19, 2018

“Charitable Activity” under GST is clearly defined under clause 2(r) of Notification No 12/2017-CT (Rate) dated 28.06.2017. The activities undertaken by the Applicant do not conform entirely to the definition. At best, the activities undertaken by the Applicant may be broadly defined as social welfare activities Such activity by an entity is an “adventure” and… Read More »

ITC of IGST paid on ‘bill to ship to’ model admissible : AAR

By | December 19, 2018

Whether ITC of IGST paid ‘bill to ship to’ model admissible to the applicant? Held Yes Rajasthan AAR UMAX Packing (A unit of UMA olymers Ltd.) RAJ/AAR/2018-19/23 dt:02.11.18 RULING   The Issue raised by Uma Polymers Ltd. (hereinafter the applicant) is fit to pronounce advance ruling as it falls under the ambit of Section 97(2)(d).… Read More »

Stamp Papers do not have expiry date : Supreme Court Judgment

By | December 19, 2018

In the case of Thiruvengada Pillai Vs. Navaneethammal and Anr. Supreme Court (Writ Petition (Civil) No. 290 of 2001) dated 9.02.2008 held that the stamp papers do not have any expiry period. Supreme Court held that the Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp… Read More »