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Archive: 12 March 2018

Posts in 12 March 2018

IBBI signs an MoU with Reserve Bank of India

March 12, 2018 1032 Views 0 comment Print

Both the RBI and the IBBI are interested in the effective implementation of the Code and its allied rules and regulations, through a quick and efficient resolution process. Therefore, they have agreed under the MoU to assist and co-operate with e

Clandestine removal cannot be proved by mere weighment slips or inculpatory statement of Director

March 12, 2018 1848 Views 0 comment Print

M/s S.R. Ingots Pvt. Ltd. Vs CCE & ST, (CESTAT Delhi) Revenue’s entire case for clandestine removal is based upon the recovery of certain weighment slips from the appellant’s factory during the course of the search. The appellants have taken a categorical stand that they were having the weighing bridge in their own premises also […]

Disputed Commission cannot be taxed unless received

March 12, 2018 10671 Views 1 comment Print

DCIT Vs. S.V.S Prop mart Pvt. Ltd. (ITAT Delhi) Assessing Officer has mentioned in the Assessment order about the submissions made by the assessee that the commission was not received by the assessee company on account of dispute with the said party. Since the commission income has not been settled and crystallized, the same has […]

Addition U/s 68 justified for Receipts from non-existent broker

March 12, 2018 1338 Views 0 comment Print

Assessing officer treated the receipts as unexplained cash credit for the reason that M/s. National Multi Commodity Exchange of India had confirmed that M/s. Vatika Merchants (supra) was expelled from the exchange long prior to the transactions in question.

Date of Cheque Presentation is date of payment of Service Tax

March 12, 2018 3246 Views 0 comment Print

There is demand of interest for the intervening period from the date of presentation of cheque till its realization. I find that as per Rule 6 (2A) of the Service Tax Rules, 1994, the date of presentation of cheque is the date of payment of Service tax. Same view has been taken by the Tribunal in the case of Travel Inn India Pvt. Ltd.

It is not for the TPO to decide best business strategy for assessee

March 12, 2018 2709 Views 0 comment Print

It is not for the TPO to decide the best business strategy for the assessee. The Hon’ble High Court also held that This whimsical fixation by the TPO amounts to an arbitrary and unbridled exercise of power.

No Deemed Dividend U/s. 2(22)(e) If Assessee is not a Shareholder in Payer Company

March 12, 2018 2472 Views 0 comment Print

Mr. Tushar Kothari Vs. DCIT (ITAT Delhi) The intention behind enacting provisions of Section 2(22)(e) is that closely held companies (i.e. companies in which public are not substantially interested), which are controlled by a group of members, even though the company has accumulated profits would not distribute such profit as dividend because if so distributed […]

Anti-dumping duty on imports of ‘O-Acid’

March 12, 2018 879 Views 0 comment Print

Seeks to impose anti-dumping duty on imports of ‘O-Acid’ originating in or exported from China PR. [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) NOTIFICATION No. 6/2018-Customs (ADD) New Delhi, the 12th March, 2018 G.S.R. 220(E). – Whereas, in the […]

Hedging of Commodity Price Risk and Freight Risk in Overseas Markets (Reserve Bank) Directions

March 12, 2018 1386 Views 0 comment Print

RBI had earlier constituted a Working Group to review the guidelines for Hedging of Commodity Price Risk by Residents in overseas markets (Chairman: Shri Chandan Sinha). Based on the report of the working group and comments received on the report, draft directions for hedging of commodity price risk and freight risk were released for comments on Jan 12, 2018.

Launch of Income Tax Business Application – Investigation Module Phase 4

March 12, 2018 2688 Views 0 comment Print

This is in reference to the subject mentioned above. Phase 4 of the Investigation Module has been rolled out on 12.03.2018.

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