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Archive: 05 November 2018

Posts in 05 November 2018

CBDT specifies jurisdictions under rule 114F of Income-tax Rules

November 5, 2018 2274 Views 0 comment Print

In exercise of sub-clause (ii) of clause (D) of Explanation to clause (6) of rule 114F of Income-tax Rules, 1962, CBDT, hereby specifies following jurisdictions for the purposes of the said sub-clause, namely:—

Reg. Export of findings like posts, push backs, locks up to 22 carats

November 5, 2018 468 Views 0 comment Print

Para 4.32(i) and Para 6.01(a) of Foreign Trade Policy 2015-20 are amended to allow export of findings like posts, push backs, locks which help in collating the jewellery pieces together, containing gold of 3 carats and above up to a maximum limit of 22 carats only from domestic tariff area and EOU/ EHTP/STP/BTP Units.

Deduction U/s. 80-IA Claimed through return filed U/s. 153A instead of revised return cannot be denied

November 5, 2018 2220 Views 0 comment Print

Pr. CIT Vs. Vijay Infrastructure Ltd. (Allahabad High Court) Since the time limit for filing the revised return had not expired during the relevant year, therefore, claim for deduction under section 80-IA if not made earlier could have been made in the revised return. Once it could have been claimed in the revised return under […]

E-way Bill- Release detained goods on compliance of GST Rules: HC

November 5, 2018 1068 Views 0 comment Print

It is also directed that if the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to him forthwith.

Periodical lease rent cannot be equated with lump-sum payment for land acquisition

November 5, 2018 3279 Views 0 comment Print

These cross appeals filed by the assessee as well as the revenue are directed against the order of CIT(A)-7, Mumbai dated 27-12-2011 and it pertains to AY 2006-07. Since both the appeals pertains to same assessee, for the sake of convenience, they were heard together and are disposed of by this common order.

No TDS on Land Acquisition from Illegal Occupants by MMRDA

November 5, 2018 2721 Views 0 comment Print

CIT (TDS) Vs M/s Mumbai Metropolitan Regional (Bombay High Court) Section 194LA of the I.T.Act, 1961 inter alia deals with payment of compensation on acquisition of certain immovable property. Section 194LA of the I.T.Act, 1961 was brought into force with effect from 1st October, 2004. Section 194L of the I.T.Act, 1961 deals with payment of […]

S. 153C List of shareholders maintained by company cannot be said to be belonging to such shareholders

November 5, 2018 780 Views 0 comment Print

DCIT Vs Esteem Textiles P. Ltd. (ITAT Delhi)  Evidently, AO on the basis of a letter written by the company, which was returned by the assessee by putting its signature and seal in confirmation of the accounts, had framed the assessment under section 153C. However, the said document could not be said to belong to […]

E-way bill- Penalty order can be appealed before Appellate Authority

November 5, 2018 14727 Views 0 comment Print

Against the order dated 30.11.2017 the petitioner has an statutory efficacious alternative remedy of filing an appeal under Section 107 of the U.P. Goods and Service Tax Act, 2017 read with Rule 109 A of the Rules.

E-Way Bill- Goods seized- Penalty order passed- Writ cannot be filed

November 5, 2018 1692 Views 0 comment Print

Petitioner has equally efficacious remedy of filing an appeal against the penalty order under Section 107 of the U.P. GST Act, 2017. It is left open to the petitioner to take recourse to the statutory remedy available to him under the law. We are not inclined to entertain this petition at this stage.

Appeal cannot be filed against Seizure of goods in transit or storage

November 5, 2018 2970 Views 0 comment Print

RK Overseas Vs UOI & Ors (Allahabad High Court) On the conjoint reading of sections 107 and 121 of the Act it is thus apparent that though all orders passed under the Act by the adjudicating authority are appealable but not the ones which have been specifically excluded from the purview of appeal under section […]

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