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Archive: August, 2018

Posts in August, 2018

Forwarding of samples for testing when jurisdictional laboratory does not have testing facility

August 30, 2018 1365 Views 0 comment Print

Circular No. 28/2018-Customs- CBIC clarified that in case the jurisdictional laboratory does not have testing facility for a given sample, it would be open to the field formations to send such samples to one of the other revenue laboratories which have the facility to test the given sample, instead of availing services of an outside […]

Press Trust of India notified as news agency for Sec. 10(22B) exemption

August 30, 2018 3714 Views 0 comment Print

CBDT notifies ‘The Press Trust of India Limited’ as news agency for the purpose exemption under section Section 10(22B) of Income Tax Act, 1961 vide Notification No. 41/2018 dated 30th August, 2018

CBDT extends time to send comments on framing rules related to ‘Significant Economic Presence’

August 30, 2018 933 Views 0 comment Print

CBDT extends time for sending comments on framing rules related to ‘Significant Economic Presence’ till 30-9-2018 vide its Instruction F. No. 370142/11/2018-TPL dated 30th of August, 2018.

Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2018

August 30, 2018 4203 Views 0 comment Print

(i) These Regulations may be called the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2018. (ii) They shall come into force with effect from the 1st day of September, 2018.

Calcutta High Court Grants stay on Service Tax Audit

August 30, 2018 14226 Views 3 comments Print

The petitioner seeks a declaration that sub-rule (2) of Rule 5A of the Service Tax Rules, 1994 as substituted by notification no. 23/24/ST dated December 25, 2014 is arbitrary and in conflict with provisions of Section 72A of the Finance Act, 1994. The petitioner also seeks a declaration that, the provisions of clause (k) of subsection (2) of Section 94 of the Finance Act, 1994 is unguided and gives uncontrolled power of delegation. The third prayer is with regard to a notice dated February 16, 2015.

19 Suggestions on GST return forms by ICAI

August 30, 2018 4674 Views 2 comments Print

Indirect Taxes Committee of ICAI submits Suggestions on GST Return formats to Finance Minister Arun Jaitley. Suggestion include Suggestion on Monthly Return and Quarterly Return and other issues faced by Taxpayers. ICAI highlighted that 1. Turnover figure to identify the type of taxpayer not be auto populated; 2. Term “Turnover” is not defined to identify […]

CCI order regarding cartelisation in Indian Zinc-Carbon Dry Cell Batteries Market 

August 30, 2018 3039 Views 0 comment Print

The Competition Commission of India (CCI) passed a final order imposing penalty on Panasonic Energy India Co. Limited Panasonic) and Geep Industries (India) Private Limited (Geep) for colluding to fix prices of zinc-carbon dry cell batteries in India. In respect of Panasonic, CCI granted 100 percent reduction in penalty by invoking the provisions of Section 46 of the Competition Act, 2002 (the Act) read with the Competition Commission of India (Lesser Penalty) Regulations, 2009 (Lesser Penalty Regulations). 

Setting up of Office of Commissioner (Investigation-Customs) created under CBIC

August 29, 2018 2646 Views 0 comment Print

Policy matters relating to search, seizure, arrest, prosecution and compounding offences under the Customs Act, 1962 [All legislative matters relating to chapter XIII, XIV and XVI of the Customs Act];

GST order Cancelling registration is appealable: HC

August 29, 2018 1122 Views 0 comment Print

M/s Viraat Traders Vs State of Punjab and others (Punjab and Haryana HC) Challenge in the present writ petition is to the order dated 23.05.2018 passed by Excise and Taxation Officer Ludhiana-3 cancelling the registration of the petitioner under the Punjab Goods and Services Tax Act, 2017 (in short ‘the Punjab GST Act’) It is not […]

Mere investigation wing report not sufficient to treat a transaction as Bogus

August 29, 2018 2094 Views 0 comment Print

Finding of AO is based merely on suspicion and surmises without any tangible material to show that the assessee has introduced his own unaccounted income in the share of long term capital gain even otherwise the reliance of the statements recorded by the Investigation Wing, Kolkata wherein without giving an opportunity of cross examination is a complete violation of principles of natural justice

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