When the Customs duty is calculated, should we consider GST on Insurance premium also to arrive at Assessable value ?

Example 1 :
Insurance sum assured - Rs 30 Crores
Premium paid - Rs 10 lakhs
GST paid @ 18% - Rs 1.8 Lakhs
% of insurance - (Rs 10 lakhs / Rs 30 crores) X 100
- 0.0033 %
C & F price - USD 100
Insurance - 0.0033 ( 0.0033 % of USD 100)
CIF price / Assessable value - USD 100.0033

Example 2 :
Insurance sum assured - Rs 30 Crores
Premium paid - Rs 10 lakhs
GST paid @ 18% - Rs 1.8 Lakhs
Premium paid and GST - Rs 11.8 Lakhs
% of insurance - (Rs 11.8 lakhs / Rs 30 crores) X 100
- 0.0039 %
C & F price - USD 100
Insurance - 0.0039 ( 0.0039 % of USD 100)
CIF price / Assessable value - USD 100.0039

My opinion :
Since the Input tax credit is availed for GST portion of Insurance premium, it need not be considered for arriving Assessable value. So, Example 1 is correct.

Kindly advise.

SOGA Sales of Goods Act 1930


(Sec 26) unless otherwise Goods remain at seller risk untill the property therein transfer to buyer.

But when the property therein is transfer to buyer .now goods are at buyer risk. wheater delivery has been made or not.
means (Property) ownership of goods.

Questions (Wheare as ownership has been transfered to buyer then risk allready related to him and impled that risk has been pased of to buyer.)
who is responsible in case of delay wheare as ownership transfered to buyer but delivery is still delay at the option of seller ? and reply with journal law point of view wheare as mentioned.

Hi,

I had started my articleship on 19th October, 2021 at a firm and terminated the same on 6th December, 2021 (after 1 month and 17 days).
I had joined another firm on 19th April, 2022 ( after a break of 4 months and 13 days). 
My firm is treating me as second year trainee from 19th October, 2022. 
Please guide me when will I be eligible for Industrial training and how the gap of 4 months and 13 days will be treated for this purpose?

If we consider it as normal study leave, i will be eligible from 19th April, 2023. However, if it is treated as a gap and is avoided for the 18 months eligibility count, I will be eligible from 1st September, 2023.

Please help me out with this.

Thanks and regards,
Harshit Singh 

I propose to sell my residential house this month. A buyer for this is already identified.Amount of sale consideration fixed at Rs 7800000 (Rupees seventy eight lakhs only).Now the buyer requested to break up the sale consideration into two parts,viz...Rs 59 lakhs( fifty nine lakhs) to registration and balance 19 lakhs( Nineteen Lakhs) towards Interior woodworks and modular Kitchen Etc,so that he can save some money outgo to Registration Dept. All payments are proposed to be paid by A/c Payee Checks only. we have paid to the builder by a/c checks only towards acquisition of the said property,4 years back.That time onwards,we spent about 8,00,000.00(eight Lakhs) for Woodworks,False ceiling and Modular Kitchen and Furniture etc periodically and we do not have all the receipts of that expenditure on our files. In the above circumstances,please clarify,if we can allow the current buyer of our property to show the break up of sale consideration,as stated in para 1 above.An early reply from you will help us to go ahead and enter into an agreement for Sale accordingly. Awaiting your response

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The transaction description is as follows.

1. Holding company (USA Based) is getting sold
2. Shares of a Subsidiary Indian company will change ownership because of the above transactions (Indirect transfer of shares)
3. The company as a whole does not derive any significant value from the Indian company.

We are looking for an opinion on capital gain exposure on this transaction and the tax compliances required in this case.

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If there are 5 investors who wish to pool in 20 Lacs each, can an LLP be formed to only invest in an AIF fund?

Also, what will be the company primary objective for such an LLP?

Please assist

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