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THE EDGE
TAX & LEGAL UPDATE

 

 

Vol 4, Part 55

Wednesday, May 15, 2019

Fortnightly on GST, FSSAI, RERA & More...

 

Ghiya Legal invites articles for publishing in THE EDGE.

 

Send your contributions to contact@ghiya.in.

 

 

ITAT JUDGEMENTS

 

JODHPUR BENCH

 

M/s. Oxcia Enterprises Private Limited vs. Deputy Commissioner Of Income Tax, Udaipur dated 06.05.2019
TDS not applicable on Sale of Property if Sale Consideration of each Co-owners does not exceed Rs. 50 Lakhs. Read More

 

BENGALURU BENCH

 

M/s. Incap Manufacturing Service Pvt. Ltd. Vs. Deputy Commissioner Of Income Tax, Benagluru dated 30.04.2019
The depreciation under Section 32 of the Income Tax Act, 1961 is allowable on the customer relationship rights since the same would amount to goodwill. Read More

 

DELHI BENCH

 

M/s. Aishiki Pharma Pvt. Ltd. New Delhi vs. The ITO, Ward-2(1) dated 29.04.2019
Conducting various programmes by the pharmaceutical companies for the purpose of brand promotion expenses is business expenditure under the provisions of the Income Tax Act, 1961. Read More

 

KOLKATA BENCH

 

M/s. Ixia Technologies International Ltd. vs. ACIT (IT), Kolkata dated 30.04.2019
The sale of the software would not constitute ‘royalty’ as per the Double Taxation Avoidance Agreement (DTAA) between India and Ireland. Read More

 

FROM THE BENCH

 

 

GST

 

P.C. Univarsal (P.) Ltd. v. GST Council dated 28.03.2019 - [2019] 105 taxmann.com 110 (Delhi) HIGH COURT OF DELHI
Where assessee filed a writ petition seeking relief in respect of grant of refund, assessee was directed to file a refund application manually before Competent Authority, who would pass a reasoned order on it within ten days Read More

 

Mkc Traders v. State of U.P. dated 26.11.2018 - [2019] 105 taxmann.com 76 (Allahabad) HIGH COURT OF ALLAHABAD
Vehicle to be released without any condition where transporter was not responsible for seizure of goods and vehicle. Read More

 

RERA - RAJASTHAN

 

Amit Kukreti vs. Sarvawas Housing Bhiwadi Pvt. Ltd. Order dated 03.04.2019
There was a written agreement between the parties as to completion of the project and handing over possession within two or two and a half years which has elapsed. It is established tha the company ahs failed to deliver the possession as per the terms of the agreement and has defaulted therefore attracting the provisions of Section 18 of RERA Act, 2016. It was ordered to refund the full amount of the Applicant along with interest at the rate of SBI Highest MCLR + 2% i.e. 8.75 + 2 = 10.75 as provided in RERA Rules i.e. from the date of each deposit. Read More

 

INCOME TAX

 

Deputy Commissioner of Income-tax, Circle 18(1) v. Radhika Roy dated 29.03.2019 - [2019] 105 taxmann.com 35 (SC) - SUPREME COURT OF INDIA
SLP dismissed against High Court ruling that where assessee filed instant petition challenging validity of Tribunal's order under section 254(2), in view of fact that Tribunal had accepted additional evidence without complying with provisions of rule 29 of ITAT Rules, impugned order passed by Tribunal became defective and, thus, same was to be set aside. Read More

 

 

◔ TIMELINES

 

Upcoming due dates under GST & Income Tax Laws:

 

GSTR-3B for April 2019 20th May
GSTR-5 for April 2019 20th May
Furnishing of challan-cum-statement for tax deducted under section 194-IA in the month of April, 2019 30th May
Furnishing of challan-cum-statement for tax deducted under section 194-IB in the month of April, 2019 30th May
Submission of a statement (in Form No. 49C) by non-resident having a liaison office in India for the financial year 2018-19 30th May
Filling TDS Return 31st May
Application for allotment of PAN in case of non-individual resident person, which enters into a financial transaction of Rs. 2,50,000 or more during FY 2018-19 and hasn't been allotted any PAN 31st May
GSTR-9, GSTR-9A and GSTR-9C for the FY 2017-18 30th June

 

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NOTIFICATIONS / AMENDMENTS

 

CENTRAL TAX

 

Notification No. 23/2019 – Central Tax dt. 11.05.2019:
Seeks to extend the due date for furnishing FORM GSTR-1 for taxpayers having aggregate turnover more than Rs. 1.5 crores for the month of April, 2019 for registered persons in specified districts of Odisha till 10.06.2019 Read More

 

Notification No. 24/2019 – Central Tax dt. 11.05.2019:
Seeks to extend the due date for furnishing FORM GSTR-3B for the month of for the month of April, 2019 for registered persons in specified districts of Odisha till 20.06.2019 Read More

 

CENTRAL TAX (RATE)

 

Notification No. 10/2019 – Central Tax(Rate) & 09/2019-Integrated Tax (Rate) dt. 10-05-2019 dt. 10.05.2019:
To amend notification No. 11/ 2017- Central Tax (Rate) & Notification No. 8/ 2017- Integrated Tax (Rate) respectively so as to extend the last date for exercising the option by promoters to pay tax at the old rates of 12%/ 8% with ITC Read More

 

 

CUSTOMS – TARIFF

 

Notification No. 14/2019-Cus,dt. 01-05-2019:
Seeks to further amend notification No. 50/2017-customs dated 30th June 2017 to postpone the implementation of increased customs duty on specified imports originating in USA from 2nd May, 2019 to 16th May, 2019. Read More

 

 

Notification No. 15/2019-Cus,dt. 14-05-2019:
Seeks to further amend notification No. 50/2017-customs dated 30th June 2017 to postpone the implementation of increased customs duty on specified imports originating in USA from 16th May, 2019 to 16th June, 2019. Read More

 

CUSTOMS – NON TARIFF

 

Notification No. 34/2019-Cus (NT) d.t 30.04.2019
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver - Reg Read More

 

Notification No. 35/2019-Cus (NT) d.t 02.05.2019:
Exchange Rates Notification No.35/2019-Custom(NT) dated 02.05.2019 Read More

 

Notification No. 36/2019-Cus (NT) d.t 15.05.2019:
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver- Reg Read More

 

ANTI DUMPING DUTY

 

NOTIFICATION No. 20 /2019-Customs (ADD) dt. 03.05.2019:
Seeks to impose anti-dumping duty on "Saccharin", originating in or exported from Indonesia, in pursuance with anti-dumping investigation final findings issued by the DGTR. Read More

 

Notification No. 21/2019-Customs (ADD) dt. 09.05.2019:
seeks to amend notification No. 23/2013-Customs(ADD), dated the 10th October, 2013 to extend the anti-dumping duty on ductile iron pipes originating in, or exported from China PR till 23rd June, 2019. Read More

 

WEEKLY QUIZ

 

 

What is the rate of GST applicable on construction of residential apartments other than affordable residential apartments?

A: 5% with ITC

B. 5% without ITC

C. 12%

Click here

Last date to participate:
May 19, 2019

 

PREVIOUS WEEK'S WINNERS

 

Harjeet, Bhopal
Ashok Sanchety, Jodhpur
Suresh Kumar Sharma, Jaipur

 

 

MISCELLANEOUS

 

  • Press Note by CBIC on 15.05.2019:
    Implementation of project ‘SPARROW-CBIC’ for online writing of Annual Performance Appraisal Report (APAR) in SPARROW (Smart Performance Appraisal Report Recording Online Window) for Group ‘B’ and ‘C’ Officers of Central Board of Indirect Taxes & Customs (CBIC), Ministry of Finance, Govt. of India. Read More
  • Press Release by CBIC dated 14.05.2019
    Press Release-cum-Schedule in relation to GST Practitioner's Examination, 2019 on CBIC Read More
  • FAQ on Real estate sector, dated 7th May, 2019
    Read More
  • FAQ on Real estate sector, dated 14th May, 2019
    Read More

 

 

 

Editorial Team : Meenal Ghiya, Priyamvada Joshi & Deepak Garg

 

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