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Showing 101 to 120 of 360 Records Search Text: service tax calculation restaurants india |
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Minutes of the 45th Meeting of the GST Council held on 17th September, 2021 The 45th GST Council Meeting, held on September 17, 2021, in Lucknow, addressed various GST-related issues. Key discussions included the ratification of past meeting minutes, notifications, and circulars. The Council deliberated on Aadhaar authentication for taxpayers, export of services, and mechanisms for collecting late fees. Amendments to CGST rules were proposed for refund disbursements, interest on ineligible ITC, and tax refund procedures. The Council also discussed measures to tackle fake invoices and the applicability of GST on job work for liquor manufacturing. Additionally, the Council considered extending the National Anti-profiteering Authority's tenure and reviewed revenue positions and compensation scenarios post-June 2022. The meeting concluded with the approval of several recommendations and the formation of GoMs for further deliberations on specific issues.
2020 (3) TMI 612 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - Services by way of admission to exhibition of cinematograph films where price of admission ticket was above one hundred rupees - Rate of GST reduced from 28% to 18% - Services by way of admission to exhibition of cinematograph films where price of admission ticket was one hundred rupees or less - allegation that the benefit of reduction in the rate of GST not passed on - contravention of section 171 of CGST Act - penalty - HELD THAT:- It is clear from the narration of the facts me... ... ...
2018 (7) TMI 2297 - ITAT BANGALORE TP Adjustment - Incurring of AMP expenditure - whether the TPO was justified in making ALP adjustment in respect of alleged expenditure incurred on AMP functions? - HELD THAT:- The important fact to be taken into consideration is that the assessee was assured of minimum return on distribution business. These facts, no doubt, trigger an enquiry into the real nature of relationship between assessee and its AE i.e. whether it is distributor or a trader. The real economic substance of transaction is... ... ...
2018 (7) TMI 146 - GUJARAT HIGH COURT Levy of Turnover tax - sale of Bread - Composition Scheme - Whether the Gujarat Value Added Tax Tribunal was justified in holding that lump sum tax is payable under the Gujarat Value Added Tax Act, 2003 on the turnover of sales of “bread”? - Held that:- Ordinarily a dealer engaged in the manufacturing activity would not be entitled to composition of tax provided under sub-section [1] of Section 14, unless the manufacturing activity in question has been specified for exclusion from such treatment... ... ...
GST ISSUES REQUIRING ADDRESS BY GST The article discusses various issues faced by taxpayers and professionals under India's Goods and Services Tax (GST) system, nearly a year after its implementation. Key concerns include the missed deadline for filing TRAN-1 forms, delayed refunds for exporters, and the need for a reconciliation system to manage discrepancies. The article highlights inconsistencies in Advance Ruling Authority decisions, such as taxability of certain supplies and services, and calls for a review mechanism. It also suggests extending the composition scheme, revising GST rates for specific sectors, and improving the e-way bill system to ease compliance burdens.
2017 (10) TMI 1011 - Supreme Court Income accrued in India - fixed place PE in India - DTAA - place of business in India - Held that:- It is clear that there must exist a fixed place of business in India, which is at the disposal of the US companies, through which they carry on their own business. There is, in fact, no specific finding in the assessment order or the appellate orders that applying the aforesaid tests, any fixed place of business has been put at the disposal of these companies. The assessing officer, CIT (Appeals) ... ... ...
2017 (7) TMI 538 - GUJARAT HIGH COURT Reopening of assessment - reason to believe - disallowance u/s 35D and Section 14A - Held that:- What is apparent on seeing the records of the present case is that during the scrutiny assessment, the claims of the petitioner were thoroughly scrutinized and an Assessment Order was accordingly passed on 21.12.2010. From the communications on record which were exchanged inter se between the assessee and the Revenue, it is apparent that on being satisfied with the questions that were answered by the... ... ...
Minutes of the 2nd GST Council Meeting held on 30 September 2016 The second GST Council meeting, chaired by the Union Finance Minister, focused on several key issues. The Council discussed amendments to the draft minutes of the first meeting, including revenue compensation and input tax credit reversals. There was significant debate over the administration of service tax, with differing views on jurisdiction between the Centre and States. The Council also approved draft GST rules on registration, payment, return, refund, and invoice. Additionally, the treatment of existing tax incentive schemes was addressed, deciding that entities must pay taxes under GST, with any continued incentives managed through reimbursement mechanisms. The next meeting was scheduled for October 2016.
2016 (6) TMI 192 - DELHI HIGH COURT Legislative competence for Levy of service tax on preferential location charges while Purchasing a FLAT in the multi-storey group housing project - composite contract for purchase of immovable property - whether the explanation to Section 65(105)(zzzh) of the Act introduced by virtue of Finance Act 2010 as being ultra vires of the Constitution of India. - Prior to the amendment brought about by Finance Act 2010, Section 67 of the Act provided that the value of taxable services would be "the gros... ... ...
2014 (12) TMI 765 - DELHI HIGH COURT Obligations mentioned u/s 11(2) fulfilled or not - Whether the Tribunal was correct in holding that by mentioning “Further utilization” in Form No. 10 read with Rule 17 of the Income Tax Rules, 1962 the Assessee has fulfilled its obligation as required u/s 11(2) – Held that:- THE Tribunal rightly observed that the assessee had mentioned the words “further utilization” in column No. 1 of Form No. 10, which meant that the assessee was to utilize the funds for the benefit of the members i.e. the em... ... ...
2003 (7) TMI 298 - ITAT LUCKNOW The Tribunal upheld the CIT's order under Section 263 regarding the provision for interest but set aside the order concerning the issue of deposits. The appeal was partly allowed.
1997 (2) TMI 566 - ITAT MUMBAI The Tribunal allowed the assessee's claims on various expenditure items such as club subscription fees, repairs and maintenance expenses, and professional fees. Disallowances were upheld for certain expenses like taxi hire charges and representation fees. The Tribunal provided specific directions for each issue, including calculations and exclusions, resulting in partial relief for the assessee in both appeals.
1983 (4) TMI 126 - ITAT MADRAS-D Member(s) : T. N. C. RANGARAJAN., T. V. K. NATARAJA CHANDRAN.
ORDER
Per Shri T.N.C. Rangarajan, Judicial Member--This appeal by the assessee reiterates the claim for higher rate of depreciation and consequential deductions on the ground that the hotel building should be treated as a plant for such purposes.
2. The assessee is a private limited company carrying on hotel business, that is, boarding and lodging as well as restaurant, in a building situated in Mount Road, Madras. For the a... ... ...
1979 (9) TMI 43 - ALLAHABAD High Court Judge(s) : C. S. P. SINGH., R. R. RASTOGI
JUDGMENT
The judgment of the court was delivered by
C. S. P. SINGH J.--The reference relates to the assessment years 1968-69 and 1969-70. It has been at the instance of both the assessee and the department. The questions referred at the instance of the parties are :
At the instance of the Commissioner for A. Y. 1968-69.
" 1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the conferenc... ... ...
2024 (12) TMI 1383 - ITAT DELHI Depreciation of passive infrastructure assets (PIAs) - AO concluded that it is a case of simple transfer and the actual cost of the PIAs in hands of the assessee would be determined basis the amount of consideration paid by the TowerCos, which in the present case is Nil - whether the PIAs were acquired by the tower companies without any consideration from the operating companies would qualify as a gift? - HELD THAT:- The department cannot question the validity of the sanction of the scheme when ... ... ...
2024 (7) TMI 1390 - Supreme Court (LB) Nature of Royalty - Distribution of legislative powers between the Union and the States on the taxation of mineral rights - true nature of royalty determined under Section 9 read with Section 15(1) of the MMDR Act - royalty is in the nature of tax or not - scope of Entry 50 of List II of the Seventh Schedule - ambit of the limitations imposable by Parliament in exercise of its legislative powers under Entry 54 of List I - Does Section 9, or any other provision of the MMDR Act, contain any limita... ... ...
2024 (10) TMI 1458 - GUJARAT HIGH COURT Maintainability of the petitions in view of availability of the alternative remedy of filing statutory appeal under Section 73 of the Gujarat Value Added Tax Act, 2003 - whether the liability of payment of Value Added Tax would include service tax component collected by the petitioner from customers or not? - HELD THAT:- The petitioner is required to calculate the taxable turnover of its sales under the provisions of Section 14 of the Act by excluding the amount of turnover of sales not subjecte... ... ...
Recommendations of 50th meeting of GST Council The GST Council's 50th meeting recommended several changes, including a 28% tax on casinos, horse racing, and online gaming. The Council proposed exemptions for cancer drugs and medicines for rare diseases, and reduced GST rates on certain items like snack pellets and imitation zari thread. It advised establishing the GST Appellate Tribunal from August 2023 and recommended measures to streamline GST compliance, such as extending annual return exemptions for small taxpayers and clarifying GST liabilities. The Council also suggested amendments to improve registration processes and address ITC mismatches, aiming to enhance compliance and reduce fraud.
2022 (10) TMI 553 - NATIONAL ANTI-PROFITEERING AUTHORITY SC upheld DGAP's investigation into profiteering under GST regulations. The court found Respondents failed to pass on Input Tax Credit benefits to recipients, ordering them to refund Rs. 6,62,34,666/- with 18% interest. The ruling emphasized compliance with Section 171 of CGST Act and mandated refund to recipients within three months.
2023 (4) TMI 18 - ITAT CHANDIGARH Deferred revenue expenditure deduction - Whether said claim is not allowable u/s 37(1)? - HELD THAT:- As identical issue having similar facts has already been decided in favour of the assessee for the A.Y. 2004-05 in assessee s own case as find that the CIT (Appeals) by placing reliance on the relevant decision on the basis of uncontroverted finding of facts recorded therein, has rightly allowed the claim of the assessee. Deduction on account of pre payment charges paid to IDBI - HELD THAT:- As ... ... ...
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