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THE EDGE
TAX & LEGAL UPDATE
Vol 4, Part 55
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Wednesday, May 15, 2019
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Fortnightly on GST, FSSAI, RERA & More...
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Ghiya Legal invites articles for publishing in THE EDGE.
Send your contributions to contact@ghiya.in.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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Notification No. 35/2019-Cus (NT) d.t 02.05.2019:
Exchange Rates Notification No.35/2019-Custom(NT) dated 02.05.2019
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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
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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.
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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.
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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
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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.
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Press Release by CBIC dated 14.05.2019
Press Release-cum-Schedule in relation to GST Practitioner's Examination, 2019 on CBIC
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FAQ on Real estate sector, dated 7th May, 2019
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FAQ on Real estate sector, dated 14th May, 2019
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Editorial Team :
Meenal Ghiya, Priyamvada Joshi & Deepak Garg
Disclaimer: "The Edge" is meant for informational purpose only and does not claim to be advice or opinion, legal or otherwise, whatsoever. The information provided is not intended to create any advocate-client relationship and is not for advertising. The views expressed by the Author(s) are their personal views.
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