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Archive: 08 November 2018

Posts in 08 November 2018

No let-up in sanction of GST Refunds

November 8, 2018 615 Views 0 comment Print

There are concerns being raised about growing pendency of GST Refunds. Exporters are reassured that there is no le-tup in the sanction of GST refunds. The disposal rate is consistently improving month-on-month. As on 31st October, 2018, total GST refunds to the tune of Rs 82,775 crore have been disposed by Central Board of Indirect […]

Cabinet approves Laying down mechanism for sale of enemy shares

November 8, 2018 471 Views 0 comment Print

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the mechanism and procedure for sale of the enemy shares. Details are as follows: i. ‘In principle’ approval has been accorded for sale of enemy shares under the Custody of Ministry of Home Affairs/ Custodian of Enemy Property of India (CEPI), as per sub-section 1 of section 8A of the Enemy Property Act, 1968.

Non-Production of Goods is not a Ground for Imposition of Penalty

November 8, 2018 897 Views 0 comment Print

Kerala High Court has held that penalty cannot be imposed for not producing the goods (before the officer) after release on bond, when there is a security equivalent to value of goods which could be invoked. It noted that there was no question of tax and penalty being not paid as bank guarantee could be invoked at any time.

CESTAT upholds Penalty on CHA Company & Director for not following KYC Norms

November 8, 2018 5787 Views 0 comment Print

HLPL Global Logistics Pvt. Ltd. Vs CC, New Delhi (CESTAT Delhi) We are in agreement with the finding of the ld. Adjudicating authority that CHA helps not properly verified the functioning of the client from at the declared address by using reliable independent and authenticate documents. This was a serious lapse on part of the […]

Personal use of expense incurred cannot be attributed without Sufficient Proof

November 8, 2018 5274 Views 0 comment Print

Galgotia Publication (P) Ltd. Vs ACIT (ITAT Delhi) The present assessee before us is a company and is an entity recognised by law, as a legal person, that exist in eyes of law independently with rights and liabilities. Thus no element of personal expenses by the Directors/Office bearers can be attributed, without, there being sufficient […]

TDS on Commission paid to NRs for services rendered outside India not become deductible for mere withdrawal of circular

November 8, 2018 3522 Views 0 comment Print

It is not disputed that that the withdrawal of the Circulars No. 23 and 786 has been made on 22-10-2009 vide CBDT Circular No. 7 of 2009 and mere withdrawal of the circular does not negate the principles of income deemed to accrue or arise in India or outside India.

To avail benefit of ‘peak credit’ theory Assessee needs to explain all transactions

November 8, 2018 7845 Views 0 comment Print

CIT Vs M/S. JRD Stock Brokers Pvt. Ltd (Delhi High Court) The peak credit worked out by the Assessee was on the basis that the principle of peak credit would apply, notwithstanding the failure of the Assessee to explain each of the sources of the deposits and the corresponding destination of the payment without squaring […]

Thin Capitalization – Section 94B

November 8, 2018 27549 Views 2 comments Print

India has time and again shown its commitment to BEPS initiative of the OECD and introduced several reforms in domestic tax legislation to plug loopholes, strengthen information sharing between the contracting states and prevent double non-taxation. In line with its commitment, vide Finance Act 2017; the government has introduced measures to curb thin capitalization in […]

GST Updates for the Month of October 2018

November 8, 2018 26070 Views 0 comment Print

CIRCULARS 1. Notifications Issued under CGST Act, 2017 Regarding Refund to UIN Entities are Applicable To GST (Compensation To States) Act, 2017 Section 55 of CGST Act, 2017 prescribes for refund of taxes paid by specified International Organizations, Foreign Diplomatic Missions or Consular Posts etc on notified supply of goods or services received by them […]

Procedure to apply for MSME loans up to Rs 1 crore in 59 minutes

November 8, 2018 4578 Views 1 comment Print

Government has provided an opportunity to MSMEs to apply for loan upto Rs 1 crore, which will be processed quickly and without collateral security

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