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Archive: 25 September 2018

Posts in 25 September 2018

HC explains ‘application of income’ vs. ‘diversion of income by overriding title’

September 25, 2018 11694 Views 0 comment Print

PCIT Vs M/s. Chamundi Winery and Distillery (Karnataka High Court)  It is clear that the Courts and the Tax Authorities can look into the real purpose of the commercial arrangements and transactions to reach the truth and the transactions having the sole purpose of tax avoidance may be held to be having no effect on […]

Service Tax not payable on Agency Commission Paid by RBI to Banks

September 25, 2018 3051 Views 0 comment Print

Canara Bank Vs Commissioner of Central Excise & Service Tax (LTU) (CESTAT Bangalore) FULL TEXT OF THE CESTAT JUDGMENT M/s. Canara Bank, the appellant, is a banking company and a body corporate, conducting their operations in India. It was alleged by the Department that the appellants were acting as the agents for the Reserve Bank […]

Negligence in filing Form-32 by CS constitutes Misconduct: AA

September 25, 2018 1860 Views 0 comment Print

Sital Prasad Swain Vs Disciplinary Committee (Appellate Authority) It is pained to note that none of the parties filed the original minute books or the resolution passed which are the subject matter relevant to the filing of two forms i.e. Form-32 filed for the appointment of Shri Bishender Singh as an Additional / Promoter Director […]

CESTAT condones delay of 23 Days subject to payment of cost to Kerala CM Relief Fund

September 25, 2018 900 Views 0 comment Print

We find that delay is explained to some part. However, in the interest of justice, we condone the delay subject to payment of cost of Rs. 5000/- payable in ‘Kerala Chief Minister Relief Fund’ on or before 1st November, 2018

No 100% deduction on ‘substantial expansion’ for remaining 5 A.Ys U/s. 80IC in HP

September 25, 2018 1161 Views 0 comment Print

CIT Vs Classic Binding Industries (Supreme Court)  In the instant case, we are concerned with the assessees who had established their undertakings in the State of Himachal Pradesh. Sub-section (3), as noted above, mentions the period of 10 years commencing with the initial Assessment Year. Sub-section (6) puts a cap of 10 years, which is […]

Companies (Registered Valuers and Valuation) Third Amendment Rules, 2018

September 25, 2018 5019 Views 0 comment Print

1. (1) These rules may be called the Companies (Registered Valuers and Valuation) Third Amendment Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette.

DGFT allows export of remnant of chemicals by OPCE officials after testing

September 25, 2018 354 Views 0 comment Print

Note below Category 1A in Appendix 3 (SCOMET items) to Schedule – 2 of ITC (HS) Classification of Export and Import Items, 2018 has been included to allow export of remnant of chemicals falling under Category 1A by the officials of the OPCW after testing / analysis.

Notification No. 49/2018-Customs (ADD) Dated: 25.09.2018

September 25, 2018 2220 Views 0 comment Print

CBIC Seeks to amend Notification No. 12/2017-Customs (ADD) dated 11th April, 2017 vide Notification No. 49/2018-Customs (ADD) Dated: 25.09.2018

Notification No. 48/2018-Customs (ADD) Dated: 25.09.2018

September 25, 2018 9945 Views 0 comment Print

CBIC Seeks to amend Notification No. 28/2018-Customs (ADD) dated 25th May, 2018 vide Notification No. 48/2018-Customs (ADD) Dated: 25.09.2018

AAR on classification of EPC Contract for electrical cable supply & laying work

September 25, 2018 3537 Views 0 comment Print

In re Yogiraj Powertech Private Limited (GST AAR Maharastra) Question 1. :- Whether EPC Contract for electrical cable supply and laying work can be classified as contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of immovable property wherein transfer of property in goods (whether as goods […]

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