2019-TIOL-NEWS-027 Part 2 | Friday February 01, 2019

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STORY
I-T - High Court order reversing cancellation of trust's registration is unsustainable, if it is contrary to provisions of Section 12AA: SC  
INCOME TAX
2019-TIOL-48-SC-IT + Case Story

CIT Vs Jagannath Gupta Family Trust

Whether a high court order is valid if it entertains an appeal against a remand order passed by the Tribunal - NO: SC

Whether an order of the High Court reversing cancellation of registration of a trust, is sustainable if it runs contrary to the provisions of Section 12AA - NO: SC

- Revenue's appeal allowed: SUPREME COURT OF INDIA

 
GST CASE
 
2019-TIOL-36-AAR-GST

Tuticorin Lime And Chemical Industries

GST - Industrial Grade Quick lime having 86% of calcium oxide content and Industrial grade slacked lime having 86% of Calcium Hydroxide content proposed to be supplied by applicant is classifiable under CTH 2825 9090 and CTH 2825 9040 respectively and attract GST @18% as per sl. No. 38 of Schedule III of Notification 1/2017-CTR: AAR

- Application Dispose of: AAR

2019-TIOL-35-AAR-GST

Dr Amin Controllers Pvt Ltd

GST - Applicant has entered into contracts with Tamil Nadu Water Supply & Drainage Board and Chennai Metro Water Supply and Sewage Board for conducting Third Party inspection for procurements of equipment supplied by L&T, seeks ruling on taxability.

Held: Applicant is supplying ‘Pure Services' of Inspection to TWAD and CMWSSB which is a ‘governmental authority' and which service is related to Water Supply and Sewerage covered under Twelfth Schedule of Article 243W of the Constitution of India - such services are exempted in terms of sr. no. 3 of Notification 12/2017-CTR: AAR

GST - Issue regarding raising of credit notes is of procedural nature and, therefore, not answered: AAR

- Application disposed of: AAR

2019-TIOL-34-AAR-GST

Senthilkumar Thilagavathy

GST - Non-woven carry bags/shopping bags supplied by applicant are classifiable under CTH 4202 2210 and Cotton Carry bags are classifiable under CTH 4202 2220 - up to 14.11.2017, they were chargeable to GST @18% in terms of sl. No. 126, 127 of Schedule III to notification 1/2017-CTR - However, from 15.11.2017, Cotton carry Bags are taxed @12% GST, sl. No. 89 of Schedule II of said notification whereas Non-woven carry bags continue to attract 18%, sl. No. 124 of Schedule III to notification 1/2017-CTR and corresponding State notification: AAR

- Application disposed of: AAR

2019-TIOL-33-AAR-GST

Sadesa Commercial Offshore De Macau Ltd

GST - Goods are not to be subjected to IGST when bonded and the payment of Integrated tax is to be effected when the goods are removed for home consumption from bonded warehouse under the provisions of the Customs Act, 1962 - Board Circular 3/1/2018-IGST dated 25 May 2018 relied upon: AAR

GST - In the event the applicant is exclusively conducting the activity of exporting goods to Free Trade & Warehousing Zones and which are subsequently sold to Indian customers who clear the same on payment of appropriate Customs duties, they are not liable to registration u/s 23(1) of the CGST Act: AAR

- Application disposed of: AAR

2019-TIOL-32-AAR-GST

Savani Screens

GST - Non-woven carry bags supplied by applicant are classifiable under CTH 4202 2210 and Cotton Carry bags are classifiable under CTH 4202 2220 - up to 14.11.2017, they were chargeable to GST @18% in terms of sl. No. 126, 127 of Schedule III to notification 1/2017-CTR - However, from 15.11.2017, Cotton carry Bags are taxed @12% GST, sl. No. 89 of Schedule II of said notification whereas Non-woven carry bags continue to attract 18%, sl. No. 124 of Schedule III to notification 1/2017-CTR and corresponding State notification: AAR

- Application disposed of: AAR

2019-TIOL-31-AAR-GST

Tamil Nadu Water Investment Company Ltd

GST - Goods are not to be subjected to IGST when bonded and the payment of Integrated tax is to be effected when the goods are removed for home consumption from bonded warehouse under the provisions of the Customs Act, 1962 - Board Circular 3/1/2018-IGST dated 25 May 2018 relied upon: AAR

- Application disposed of: AAR

2019-TIOL-30-AAR-GST

Bank Of Nova Scotia

GST - Project Management Consultancy (PMC) services contract entered by applicant with Chennai Metro Water Supply and Sewerage Board (a governmental authority) for construction, management and supervision including off-site inspection for the proposed design, build, commission of 45MLD capacity Tertiary Treatment Reverse Osmosis Plant and for consultancy services for preparation of detailed project report for providing smart water supply and sewerage services under Smart City Mission are Pure services and exempted from CGST under sl. No. 3 of notification 12/2017-CTR: AAR

- Application disposed of: AAR

 
GST CIRCULAR

IGST CIRCULAR

igst_circular_04

Rescinding of Circulars issued earlier under the IGST Act, 2017 to be effective from 01.02.2019

CGST CIRCULAR

88/2019

Seeks to make amendments in the earlier issued circulars in wake of amendments in the CGST Act, 2017 (which shall come into force w.e.f. 01.02.2019).

 

 

 

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NEWS FLASH

FM increases MNREGA allocation to Rs 60,000 Cr

22nd AIIMS to be set up in Haryana

Anti-camcording to be introduced in the Cinematograph Act to check piracy: FM

The Petroleum subsidy goes up from Rs 24,933 crore to Rs 37,478 crore in 2019-20 Budget

 
TOP NEWS
Stamp duty- Amendment- Revenue to be split between Centre & State

I-T - FM announces e-assessment and refund within 24 hours

FM unfolds Income Support of Rs 6000 annually to small farmers

Goyal unveils NaMo's roadmap for 2030

Defence outlay surpasses Rs 3 lakh Crore

PMLA - Attachment of property - Period extended from 90 days to 365 days

Mega Pension Plan workers of unorganized sector having income upto Rs 15K

Piyush Goyal allocates Rs 64,587 Cr to 'himself' as Rail Mantri

Goyal doles out tax relief to real estate developers

Fiscal booster dose for real estate - Benefit goes to individual taxpayers

Interim Budget - No tax upto Rs 5 lakh vide Sec 87A benefits

 
NOTIFICATION

04/2019-Cus (NT/CAA/DRI)

Appointment of Common Adjudicating Authority by DGRI

 
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