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Archive: 12 December 2018

Posts in 12 December 2018

Revision of AIR of Duty Drawback wef 19.12.2018- Things to know

December 12, 2018 2595 Views 0 comment Print

For claiming these AIRs, the relevant tariff item have to be suffixed with suffix ‘B’ e.g. for export of goods covered under tariff item (TI) 640609, the drawback serial no. should be declared as 640609B. Alternative AIRs specified on garments exports made against the Special Advance Authorization (para 4.04A of Foreign Trade Policy 2015-20) in […]

Creation of Segregated Portfolio by Mutual Funds

December 12, 2018 1212 Views 0 comment Print

Securities and Exchange Board of India SEBI Board Meeting PR No. 51/2018 The SEBI Board met in Mumbai today and took the following decisions: I. Creation of Segregated Portfolio by Mutual Funds The Board noted the proposal to allow Mutual Funds to create Segregated Portfolios with respect to debt and money market instruments subject to […]

Procedure for re-export/return of imported SCOMET item(s)

December 12, 2018 2910 Views 0 comment Print

Paragraph 2.79 E has been inserted in the Handbook of Procedures of FTP 2015- 2020 to lay down the procedure for re-export/return of imported SCOMET item(s) due to reasons of obsolescence of technology of imported item(s); cancellation of order by the Indian buyer/end user; dead on arrival, etc.

Reg. Temporary Import / export of exhibits, including construction & decorative materials

December 12, 2018 1107 Views 0 comment Print

Import / export of exhibits, including the construction and decorative materials, except items in the ‘Prohibited’ or SCOMET List, required for the temporary stands of foreign / Indian exhibitors at exhibitions, fair or similar show or display for a period of six months on re-export / re-import basis, shall be allowed without an Authorisation on submission of a bond / security to Customs or ATA Carnet.

Cenvat Credit on goods purchased but not received is Bogus & not allowable

December 12, 2018 825 Views 0 comment Print

Goods in question were never received by the assessee in its factory and therefore, the assessee’s claim of having consumed the same was not genuine.

HC disposes writ as grievance of petitioner against retrospective effect to rule 96 no longer survives

December 12, 2018 2571 Views 0 comment Print

Zaveri and Co Pvt. Ltd. Vs Union of India (Gujarat High Court) 1. Mr. Uchit Sheth, learned advocate for the petitioner has submitted that the petitioner has challenged rule 96 (10) (b) of the Central Goods and Service Tax Rules, 2017 insofar as the same has been given retrospective effect. It was pointed out that […]

Deduction U/s. 54F can be claimed against Gain on Multiple Assets in Multiple Years

December 12, 2018 17202 Views 1 comment Print

Shri Pankaj Chimanlal Patel (HUF) Vs DCIT (ITAT Ahmedabad) The essential controversy in the instant case is whether deduction under 54F of the Act is available in respect of capital gains arising from sale of more than one long term capital assets, not being residential house (original asset) against the construction or purchase of one […]

3 year delay in Section12A registration application condoned by HC

December 12, 2018 4713 Views 0 comment Print

Delay of three years in filing of application for registration under section 12A was condonable as assessee which was enjoying exemption from income-tax from its inception was suddenly faced with the prospect of being made liable under the taxing statute and due to same, assessee had filed applications under Section 12AA with considerable delay. 

CESTAT upheld Disallowance of credit on rent-a-cab service to Wipro

December 12, 2018 1062 Views 0 comment Print

Wipro Enterprises Vs Commissioner of GST & Central Excise Chennai Outer (CESTAT Chennai) The appellant is aggrieved by the disallowance of credit on rent-a-cab service. 2. On behalf of the appellant, Shri R. Rajesh, Head – Taxation of the appellant-company appeared and argued the matter. He submitted that the appellant is engaged in manufacture of […]

Recovery proceeding should not be initiated till disposal of stay petition

December 12, 2018 1236 Views 0 comment Print

I reckon the petitioner has exercised on time its statutory remedy of filing an appeal. It appears that it has also filed a stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until the appellate authority decides on the stay petition.

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