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Archive: August, 2018

Posts in August, 2018

Norms for Spices under Advance Authorization- validity thereof

August 28, 2018 1017 Views 0 comment Print

It is, reiterated that cases falling under the category of Policy Circular 5 (2013)/2009-14 dated 14.08.2013 may be redeemed on the SARs furnished by Spices Board, Cochin as has been the practice in the past. RAs need not send such applications (where spices are inputs) to NC in the Hqrs for fixation of ad-hoc norms. […]

Reverse Cenvat credit on bottles procured from sister units & sold in market: CESTAT

August 28, 2018 1335 Views 0 comment Print

M/s Hindustan Coca Cola Beverages Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Hyderabad) The facts of the case in dispute are that the appellant availed on common input services and goods and obtained to the services reversed under Rule 6(3A). The only questions to be decided are a) whether the value of the goods […]

Sec. 271(1)(c) Penalty not justified merely for disallowance of claim

August 28, 2018 18480 Views 1 comment Print

Jain Studios Ltd. & Anr. Vs DCIT (ITAT Delhi)  Mere making of a claim which had not been accepted, would not per se tantamount to furnishing of inaccurate particulars to attract penalty proceedings under section 271(1)(c) of Income Tax Act, 1961. Bare perusal of explanation furnished by the assessee went to prove that it had come up […]

GST on Component of solar power generation system & nature of supply

August 28, 2018 18846 Views 0 comment Print

In re Eapro global limited (GST AAR Uttarakhand) Component of solar power generation system and nature of supply thereof, whether mixed or composite and rate of tax there on? (i) Supply of solar inverter, controller, battery and panels would covered under “Solar Power Generating System” as a whole in terms of serial no. 234 of […]

ITC of goods & services used in erection of infrastructure for leasing to Telecom operators

August 28, 2018 14877 Views 0 comment Print

In re Vindhya Telelinks LTD (GST AAR Uttarakhand) Whether applicant is eligible for ITC of goods and services used for erection of infrastructure to which fibre cables are connected for leasing to Telecommunication operators? we observe that if the goods are movable from one place to another in the same position or liable to be dismantled […]

Income Tax Return due date for Kerala taxpayers extended to 15.09.2018

August 28, 2018 3405 Views 1 comment Print

CBDT extends the due date for furnishing return of income, from 31st August, 2018 to 15th September, 2018, in case of Income-tax assessees in the State of Kerala, who are liable to file their Income-tax returns by 31st August, 2018. F.No. 225/242/2018/ITA.II Government of India Ministry of Finance Department of Revenue Central Board of Direct […]

Complete Provisions of Seizure and Confiscation under Customs Act, 1962

August 28, 2018 90702 Views 0 comment Print

Confiscation means lawfully seize of illegal import of prohibited goods into India and seize of conveyance in Indian Customs water for concealing of exported goods or carrying smuggling of any goods. Confiscations of goods or conveyance are two ways by which a Customs officer can exercise his statutory power as provided under Customs Act.1962. The […]

No exempt Income Received or Receivable- No disallowance U/s. 14A

August 28, 2018 3432 Views 0 comment Print

Section 14A of the Act provides that for the purposes of computing the total income under Chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the Act. Hence, what section 14A provides is that if there […]

IBC, 2016: Analysis of cases settled under section 7,8,9 and 10

August 28, 2018 26373 Views 2 comments Print

Hundreds of cases have been settled under Insolvency and Bankruptcy Code, 2016 (I &B) or being battled out. Can we learn lessons from the obvious mistakes committed by some of the better lawyers? I have analyzed many cases under section 7, 8, 9, and 10. Frequent interaction with I&B resuscitates my intellectual curiosity.

Person in Charge under GST E-WAY BILLS Rules

August 28, 2018 5772 Views 0 comment Print

Hello friends, Greetings for the day in the current article we will discuss about the person in charge under e-way bill. Person in charge means the person in charge of the conveyance through which movement of consignment is taking place. We will also discuss about verification by the goods under transit on the authorization of […]

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