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Archive: 08 November 2017

Posts in 08 November 2017

Linkage of Aadhaar number to Insurance Policies is mandatory

November 8, 2017 1977 Views 0 comment Print

Linkage of Aadhaar number to Insurance Policies is mandatory under the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017.

CBEC increases customs duty on Peas and Wheat to 50% and 20%

November 8, 2017 1257 Views 0 comment Print

(i) increase rate of basic customs duty on Peas (Pisum sativum) from present Nil rate to 50%. (ii) increase rate of basic customs duty on wheat from 10% to 20%.

Assessment under GST Laws

November 8, 2017 6927 Views 0 comment Print

The word Assessment is comprehensive and can comprehend the whole procedure by ascertaining and imposing liability on taxpayer. The word Assessment cannot be given a restricted meaning (ITO V. Guruswamy 34 ITR 601 SC).

GSTR-4 online upload functionality available for those who opted for composition

November 8, 2017 2307 Views 0 comment Print

Form GSTR-4 online upload functionality is now available to taxpayers for uploading of their quarterly returns. Earlier Excel based GSTR-4 Offline tool was provided to taxpayers, to prepare their Form GSTR-4 offline.

Method favourable to taxpayer should be adopted cannot be contended If statute is unambiguous

November 8, 2017 2250 Views 0 comment Print

ZIf two reasonable constructions of taxing statute are possible, that construction which favors the assessee must be adopted. The above proposition cannot be read to mean that under two methods of valuation if the value which is favorable to assessee should be adopted.

Delhi High Court held certain ICDS & Part of them Ultra Vires

November 8, 2017 26997 Views 3 comments Print

Section 145 (2), as amended, has to be read down to restrict power of the Central Government to notify ICDS that do not seek to override binding judicial precedents or provisions of the Act. The power to enact a validation law is an essential legislative power that can be exercised, in the context of the Act, only by the Parliament and not by the executive. If Section 145 (2) of the Act as amended is not so read down it would be ultra vires the Act and Article 141 read with Article 144 and 265 of the Constitution.

GST on GTA: Clarification from Ministry of Finance on 3 Issues

November 8, 2017 3774 Views 0 comment Print

Clarification from the ministry of finance for the GTA business on the following topics: – 1. Inter-branch transaction 2. Sale of the 2nd hand truck 3. Definition of person for vertical registration

Section 2(22)(e) does not extend to, or broaden concept of, a shareholder

November 8, 2017 4287 Views 0 comment Print

CIT Vs. Madhur Housing And Development Co (Supreme Court) The impugned judgment and order dated 11.05.2011 has relied upon a judgment of the same date by a Division Bench of the High Court of Delhi in ITA No. 462 of 2009 in the case of CIT Vs. Ankitech Pvt Ltd . Having perused the judgment […]

Statutory time limit is applicable to claim of refund of service tax paid mistakenly

November 8, 2017 16839 Views 0 comment Print

The Bangalore bench of the CESTAT, last week ruled that limitation cannot be invoked for denying refund of service tax paid by assessee by mistake under the provisions of Finance Act, 1994.

Service Tax paid through Banking Channel cannot be deemed as Unexplained

November 8, 2017 726 Views 0 comment Print

Assessee has paid the service tax amount through banking channel. Challans of the payment of tax were placed on record before the assessing authority. The source of alleged service tax amount is well explained in the books of account.

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