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Archive: 16 February 2018

Posts in 16 February 2018

CBEC accepts 63 Orders of SC, HC & CESTAT for no further appeal

February 16, 2018 10923 Views 0 comment Print

Attention is invited to sixty three orders of different High Courts summarized in this Circular which have been accepted by the Department. In fourteen of these orders, Hon’ble High Courts have decided various questions of law. In the rest forty nine cases the Hon’ble High Courts have delivered judgments on the basis of some settled case law or have decided points of facts or have dismissed the appeal on monetary grounds.

Penalty U/s. 271(1)(c) cannot be imposed for non deduction of TDS

February 16, 2018 8643 Views 0 comment Print

Merely because assessee-company had claimed deduction of expenditure without deducting TDS on interest payment, which was not accepted by Revenue, by itself, would not attract the levy of penalty.

Deduction U/s. 80-IA allowable on amount disallowed U/s. 43B

February 16, 2018 3162 Views 0 comment Print

As amount disallowed under section 43B would become profits of business in the computation of income under the head “Profits and gains of business or profession”. Consequently, if the amounts disallowed were pertaining to the projects on which the claim under section 80-IA was made, the same had to be allowed as profits get increased to that extent. Therefore, AO was directed to examine the working of profits and allow the deduction.

GST department started sending notice to GST Return Defaulters

February 16, 2018 15762 Views 0 comment Print

Being a registered taxpayer. you are required to furnish return for the supplies made or received and to discharge resultant tax liability for the aforesaid tax period by due date. It has been noticed that you ha‘e no: tiled the said return till date.

GST composition scheme: A complete guide for small businesses

February 16, 2018 12831 Views 4 comments Print

The composition scheme which we are witnessing under GST is a carry over from earlier taxation law and was implemented under the respective State VAT Laws with conditions applied on eligibility for the scheme accordingly. Alternatively GST composition scheme assures greater compliance without the requirement of maintaining records. This system was missing in Service Tax […]

Adhere to time frame for filing of SLPs and Appeals in SC: CBEC Chairman

February 16, 2018 753 Views 0 comment Print

CBEC has already put in place a mechanism to prevent delay in filing of SLPs and Appeals in the Hon’ble Supreme Court and a letter dated 1st June 2017 to this effect has already been circulated indicating revised time-frames. This is also available in the CBEC website. May I request you all to strictly adhere to the time frame indicated in the letter so as to avoid any delay in filing the of SLPs and Appeals. I have also issued a letter reiterating the above facts for strict compliance.

Field formations can obtain SDR/CDR details directly from telecom companies: CBEC

February 16, 2018 6273 Views 0 comment Print

This is reportedly being done as telecom service providers are not providing these details to the field formations since they are not a designated Law Enforcement Agency’ like DRI under the provisions of Section 5(2) of Indian Telegraph Act, 1885.

Advisory on Refund of IGST paid on Exports of Goods with Payment of Tax

February 16, 2018 52443 Views 42 comments Print

This is with reference to the processing of invoices of GSTR 1 pertaining to the export of goods with payment of IGST by the GST System, and transmission of validated invoices to ICEGATE for refund of IGST paid on exports of goods.

Export Promotion: DGFT & CBEC- Why bureaucracy rejoices in failure of clean administration- Part 1

February 16, 2018 2235 Views 1 comment Print

The DGFT started with the computerization of the DGFT network in 1995 but even after a lapse of 20 years till date they have not been able to achieve the same. The reason is simple because no bureaucrat ever wants the power to slip from their hands or the opportunity to harass the exporters.

Video: GST Late Fees for Oct-Dec 2017 – GSTR 1 – When, How, Amount?

February 16, 2018 3495 Views 2 comments Print

As you all know the due dates for GSTR 1 for Oct – Dec 2017 has gone and now the issue before us is WHAT will be the late fees and HOW will it be calculated and WHEN will it be paid? I had tried to sort out the problem in the most logical way […]

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