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Archive: 16 November 2018

Posts in 16 November 2018

In absence of PE in India No tax on money received by IBM Philippines in the course of their business

November 16, 2018 2313 Views 0 comment Print

IBM India Pvt. Ltd case: IBM Philippines received the monies in the course of their business and did not have PE in India and therefore the receipt in question could not be brought to tax

Non-disposal of Section 12AA application within six months not results in deemed grant of registration

November 16, 2018 1674 Views 0 comment Print

Non-disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12AA(2) would not result in deemed grant of registration,

SEBI (Listing Obligations and Disclosure Requirements) (Sixth Amendment) Regulations, 2018

November 16, 2018 5136 Views 0 comment Print

These regulations may be called the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Sixth Amendment) Regulations, 2018.

Insistence on GST payment by cash or DD is against the spirit of GST

November 16, 2018 1488 Views 0 comment Print

Strangely, the authorities still insist that the payment should be by physical means: either in cash or through Demand Draft (DD). That insistence seems to be archaic and out of tune with the very spirit of the GST regime

Jurisdiction to commence proceedings against director for recovery of tax dues of delinquent company

November 16, 2018 2073 Views 0 comment Print

Jurisdiction to commence proceedings against the director of a delinquent company for recovery of tax dues of delinquent company would require the notice to director/former directors, itself indicating what steps had been taken to recover the dues from delinquent company and failure thereof.

Polypropylene Leno Bags falls under GST Tariff Heading ‘3923 29 90’

November 16, 2018 2208 Views 0 comment Print

In re Utkal Polyweave Industries Pvt Ltd. (GST AAR Odisha) Tariff heading 3923 includes goods that are classifiable as ‘Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics’. Polypropylene Leno Bags, as stated by the applicant, are manufactured by weaving polypropylene strips (tapes), Linear Low Density […]

Notification No. 25/2018-Customs (N.T./CAA/DRI) Dated : 16.11.2018

November 16, 2018 1011 Views 0 comment Print

Notification No. 25/2018-Customs (N.T./CAA/DRI) Director General, Revenue Intelligence, hereby appoints officers mentioned in column (5) of the Table below to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on officers mentioned in column (4) of the said Table in respect of noticees mentioned in column (2) of the said Table for the purpose of adjudication of show cause notices mentioned in column (3) of the said Table, namely:-

Notification No. 24/2018-Customs (N.T./CAAIDRI) Dated:- 16.11.2018

November 16, 2018 504 Views 0 comment Print

Notification No. 24/2018-Customs (N.T./CAAIDRI) Director General, Revenue Intelligence, hereby appoints officer mentioned in column (5) of the Table below to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on officer mentioned in column (4) of the said Table in respect of noticees mentioned in column (2) of the said Table for the purpose of adjudication of show cause notice mentioned in column (3) of the said Table, namely:-

Guidelines on Value Free Transfer (VFT) of Government Securities

November 16, 2018 2946 Views 0 comment Print

Value Free Transfer (VFT) of the government securities shall mean transfer of securities from one SGL/CSGL to another SGL/CSGL account, without consideration.

No deemed dividend in case of loan to borrower not being shareholder

November 16, 2018 2058 Views 0 comment Print

Microfinish Valves Private Limited Vs ACIT (ITAT Bengalore) No deemed dividend u/s 2(22)(e) in case loan to borrower not being shareholder in lender company Conclusion: Since assessee was not a shareholder in lender company, therefore, AO was unjustified in taxing loan received by assessee as deemed dividend under section 2(22)(e). Held: Assessee was a company […]

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