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Archive: July, 2018

Posts in July, 2018

Is it legally correct to claim ITC against invoice pertaining for FY 2017 – 2018 after September 2018 ?

July 14, 2018 25908 Views 4 comments Print

Is it legally correct to claim ITC against invoice pertaining for FY 2017 – 2018 after September 2018 ?  Section 16 of Central Goods and Service Tax Act, 2017 (CGST Act, 2017) specify certain conditions to claim input tax credit against any inward supply one of which is the last date to claim ITC against […]

Re-Import of Exported Goods under GST

July 14, 2018 121845 Views 15 comments Print

In some occasions goods exported out of India are returned back for various reasons like Cancellation of Export Order For any Trade Disputes like Quality Reasons, Default of Payments, Non-Conformance to any Contractual Terms After Exhibition / Display in overseas Country Return after Project / Contract Closure or Completion Re-import of Exported Goods for Repairs, […]

4 Recent Judicial Pronouncements on GST (Part-X)

July 14, 2018 4143 Views 0 comment Print

In Hindalco Industries Ltd. v. Union of India where assessee filed writ petition against recovery of service tax demand raised upon it, petition was disposed of stating that on account of subsequent development and particularly CGST Act and the issue in petition was purely academic and rendered infructuous.

CBDT’s Measures For Reducing Litigation

July 14, 2018 1956 Views 0 comment Print

In 2015 CBDT issued Circular No. 21/2015 dated 10.12.2015 specifying monetary limits and other conditions for filing Appeals/SLPs by the Income Tax Department before Income Tax Appellate Tribunal, High Court & Supreme Court. Now, as a measure to reduce the tax litigations CBDT has revised these monetary limits as below vide its Circular No.3/2018 dated 11.07.2018:-

Analysis of Proposed Amendments in GST law

July 14, 2018 3873 Views 0 comment Print

The article analyses 46 amendments proposed and posted at GST Council website for which suggestions/feedback and comments have been invited till 15-07-2018.

Use PAN to check compliance for a single foreign portfolio investor: SEBI

July 13, 2018 1290 Views 0 comment Print

a) Use Permanent Account Number (PAN) issued by Income Tax Department of India for checking compliance for a single foreign portfolio investor; and b) Obtain validation from Depositories for the foreign portfolio investors who have invested in the particular primary market issuance to ensure there is no breach of investment limit within the timelines for issue procedure, as prescribed by SEBI from time to time.

CBDT amends Income Tax Advance ruling Forms

July 13, 2018 2637 Views 0 comment Print

Income-tax (7th Amendment) Rules, 2018- CBDT seeks unique number for identification of non-resident- CBDT amends Forms for advance ruling -Notification No. 31/2018-Income Tax Dated 13th July, 2018 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 31/2018-Income Tax New Delhi, the 13th July, 2018 G.S.R. 647(E).―In exercise of the powers conferred […]

No tax on Mesne Profits for wrongful deprivation of use & occupation of property

July 13, 2018 3852 Views 0 comment Print

Special Bench of Mumbai Tribunal in the case of Narang Overseas Pvt Ltd vs ACIT reported in 111 ITD 1 (Mum ITAT ) (SB) had held that mesne profits received by assessee for wrongful deprivation of use and occupation of property constitutes capital receipt and hence not chargeable to tax. Respectfully following the same , we hold that the ld CITA had rightly granted relief to the assessee by holding that the receipt of Rs 90 lacs by the assessee is a capital receipt not chargeable to tax.

E-way bill declaration made after detention of goods cannot absolve assessee from penalty

July 13, 2018 4482 Views 0 comment Print

Asstt. STO Vs Indus Towers Ltd. (Kerala High Court) In the present case the delivery chalan which accompanied the transport is one issued by the assessee respondent, over which the assessee has absolute control and could be subject to manipulation. The assessee having transported the goods with delivery chalan, could very well sell the goods […]

Goods not liable for confiscation for non compliance of GST rules in absence of taxable supply

July 13, 2018 3480 Views 0 comment Print

In one of the recent judgment of Kerala High Court in M/S Indus Towers Limited Vs. The Assistant State Tax Officer, it was held that goods cannot be confiscated for every non- compliance of the provisions of the act.

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