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Archive: September, 2018

Posts in September, 2018

Clubbing of Advance authorisations when not possible: HC explains

September 20, 2018 1815 Views 0 comment Print

Jindal Poly Film Ltd Vs Designated Authority & Anr. (Delhi High Court) In a case involving clubbing of Advance Authorisations issued in 2004 and 2010, Delhi High Court has held that clubbing can be provided only if export obligation period of authorization issued at a prior point of time allowed under Paragraph 4.22 of the […]

CBIC amends Table 41 of notification No. 12/2017– Union Territory Tax (Rate)

September 20, 2018 1026 Views 0 comment Print

 Seeks to insert explanation in an entry in notification No. 12/2017 – Union Territory Tax (Rate) by exercising powers conferred under section 8(3) of UTGST Act, 2017 Government of India Ministry of Finance (Department of Revenue) Notification No. 23/2018-Union Territory Tax (Rate) New Delhi, the 20th September, 2018 G.S.R….. (E).- In exercise of the powers […]

IGST: TCS Rate on intra-State taxable supplies by e-commerce operator

September 20, 2018 4161 Views 0 comment Print

Seeks to notify the rate of tax collection at source (TCS) to be collected by every electronic commerce operator for inter-State taxable supplies Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Notification No. 02/2018 — Integrated Tax New Delhi, the 20th September, 2018 G.S.R. …..(E).— In exercise […]

Understanding Part II of GSTR 9C – Reconciliation of Turnover

September 20, 2018 86821 Views 0 comment Print

Section 35 (5) of the Central Goods and Service Tax Act, 2017 provides that every registered person whose aggregate turnover exceeds INR 2 Crore is required to submit a reconciliation statement along with the audited reports. The Central Board of Indirect Taxes and Customs, vide notification no. 49/2018 – Central Tax dated 13th September, 2018, has […]

Divergence in asset classification by Indian banks

September 20, 2018 1911 Views 0 comment Print

Too much is being said about the divergences in the RBIs assessment of Yes Bank for the last two years. It is not that only Yes Bank had divergence in asset classification norms of RBI.

Amendment in Transitional Provision, 2018: Too Ambiguous….. Grossly unfair

September 20, 2018 1644 Views 0 comment Print

Apparently there appears to be an attempt to shrink the ambit and scope of Transactional Provision and it requires immediate attention considering the wide impact it is going to have on the persons who have rightly availed the CENVAT Credit of the Service tax and bonafidly carried forward with the advent of the GST regime.

HC allows Payment of GST Arrears in Installments 

September 20, 2018 2553 Views 0 comment Print

M/s Indus Projects Limited Vs UOI (Gujarat High Court) 1. Petitioner has to pay GST dues of Rs.3.85 crores (rounded off), for which, due to its financial difficulties, the petitioner has applied to the authority for installments. Such request came to be turned down by the impugned order dated 30.08.2018 without assigning reasons. Counsel for the petitioner submitted that […]

Addition for Bogus Share Capital cannot be made on the basis of mere suspicion

September 20, 2018 1032 Views 0 comment Print

Tribunal, on examination of facts, has come to the conclusion that the investment made by the shareholders is not hit by Section 68 of the Act. It records, that the entire basis of the Revenue’s case is based on surmise that the respondent was taking bogus purchase bills and cash was introduced in the form of share capital without any evidence in support. Therefore, the view taken by the impugned order of the Tribunal on facts is a possible.

Disallowance U/s. 40(a)(i) on Commission payment to non-resident agents without TDS

September 20, 2018 2283 Views 0 comment Print

Where assessee made payment of commission to non-residents outside India for procuring export orders, income of non-resident agents could not be considered to accrue or arise in India and therefore, there was no liability of assessee to deduct tax at source.

To Tax capital Gain from Penny Stocks it is need to be proved that there is a scam and assessee is part of scam

September 20, 2018 7569 Views 0 comment Print

he submission of the assessee that she is just an investor and as she received some tips and she chose to invest based on these market tips and had taken a calculated risk and had gained in the process and that she is not party to the scam etc., has to be controverted by the revenue with evidence.

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