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Archive: 17 November 2014

Posts in 17 November 2014

Reopening on mere possibility of revenue loss is based on presumption & is invalid

November 17, 2014 787 Views 0 comment Print

The assessee is a FUND and a resident of Denmark. Along with its return of income, in India, the assessee had submitted ‘Tax Residency Certificate’ issued by the Danish Authorities in order to claim the benefit of Article 14 of India-Denmark DTAA.

Valuation/Assessment Practice in respect of export of Iron Ore

November 17, 2014 2583 Views 0 comment Print

Pursuant to the references received relating to valuation of iron ore entered for export, the Central Board of Excise and Customs vide Circular No. 12/2014 – Customs dated November 17, 2014 has prescribed the specified procedures to be adopted by all Custom Houses in order to bring in uniformity, transparency and consistency in assessment of export of Iron Ore, fines and pellets. For details, please read the Circular given below-

Reference to DVO cannot be made if assessee has challenged the valuation by stamp authorities

November 17, 2014 2151 Views 0 comment Print

First contention of the assessee is that the sale consideration cannot be taken more than the actual sale consideration shown in the transfer deed i.e. a sum of Rs.4 1.51 crores. The alternative contention is that if the sale consideration is taken as valuation done by the Stamp Valuation Authorities then there is a mistake

In case of conflict in judgment of non-jurisdictional High Courts, one in favour of assessee should be adopted

November 17, 2014 2351 Views 0 comment Print

The assessee is a non-scheduled Co-operative Bank carrying on banking business in terms of a license issued by Reserve Bank of India (RBI), and is thus governed by Circulars of RBI relating to Prudential Norms, Income Recognition, Asset Classification, Provisioning

Inclusion of Royalty & Licence Fees in assessable value in respect of imported goods

November 17, 2014 2147 Views 0 comment Print

Emitec Emission Control Tech. (I) Pvt. Ltd. (the Appellant) imported certain goods from Emitec Gesellschaft Fur Emissions technologie GmBH (EGM Germany) which is the parent company of the Appellant.

Amalgamation – Carry Forward & set off of ‘Capital Gain’ Losses

November 17, 2014 10769 Views 0 comment Print

The issue that whether in the case of amalgamation loss under the head of capital gain can be carry forward or not was a matter of discussion. In the Income Tax Act, 1961, there is no clarity in respect of this issue. However, in respect of business loss Section 72A of the Act was introduced […]

SAD refund cannot be denied merely because invoice do not mention that ‘No Cenvat credit of SAD is admissible’

November 17, 2014 2282 Views 0 comment Print

Chowgule & Company Pvt. Ltd (the Appellant) are the traders who, imported goods by discharging Special Additional Duty of Customs (SAD)under Section 3(5) of the Customs Tariff Act, 1975 and subsequently domestically sold such goods on payment of CST/VAT

Income-tax Assessment completes on date of order, irrespective of service of order; CBDT rectifies 6 year old mistake

November 17, 2014 3413 Views 0 comment Print

CIRCULAR NO. 16/2014 Chapter XIX-A of the Income-tax Act, 1961 contains provisions relating to settlement of cases by the Income-tax Settlement Commission (ITSC). The provisions contained in the said chapter were amended by Finance Act, 2007 and a Revised Settlement Scheme was put in place. Explanatory Circular No. 3/2008 dated 12.03.2008 issued by CBDT vide para 61

GST and Insurance Amendment Bill are on the Anvil: FM

November 17, 2014 1686 Views 0 comment Print

Economic Reforms Inclduing GST and Insurance Amendment Bill are on the Anvil: FM; Calls for Large Investment from Domestic and International Investors in Infrastructure Sector The Union Finance Minister Shri Arun Jaitley said that the Government has taken series of measures to tackle various challenges being faced by the infrastructure sector in the country. The […]

CBEC notifies All Industry Rates (AIR) of Duty Drawback w.e.f. 22.11.2014

November 17, 2014 3989 Views 0 comment Print

The tariff items and descriptions of goods in the said Schedule are aligned with the tariff items and descriptions of goods in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) at the four-digit level only.

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