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Archive: January, 2019

Posts in January, 2019

GST for Charitable Trust – Complete Analysis

January 12, 2019 62964 Views 4 comments Print

Introduction  Charitable Trust, for a layman is hub of noble deeds totally outside the purview of taxation. But what’s totally outside the tea cup of layman is the term taxation & hence a layman’s understanding on tax implications of charitable trust is heading towards misconceptions in its entirety. The most potent simplified classification of Indian […]

Guide to Approved Gratuity Fund

January 12, 2019 277446 Views 23 comments Print

Gratuity is a lumpsum amount paid by an employer to its employees at the time of their retirement, superannuation or death. It is a way by which an employer expresses its thankfulness to its employees for remaining in continuous service.

Question of Violation of Section 10AA(4)(ii) should be raised in First Year of Operation / Exemption

January 12, 2019 2163 Views 0 comment Print

CIT Vs Macquarie Global Services Pvt Ltd (Delhi High Court) It is an accepted and admitted position that the unit in the SEZ had commenced business in the period relating to the Assessment Year 2011-12. The assessee had claimed and was allowed deduction under Section 10AA in the Assessment Years 2011-12 and 2012-13. The Assessing […]

Allow Tran-1 filing if failure of Appellant was due to technical glitches on common portal

January 11, 2019 2538 Views 0 comment Print

Jodhpur Truck Pvt. Ltd. Vs Union of India (Rajasthan High Court) Section 140 of the Central Goods and Service Tax Act, 2017 confers a right to a registered dealer to take credit of ‘eligible duties’ of the amount lying unutilized on the day immediately preceding the appointed day, in the manner prescribed. First proviso to […]

Non Payment of Salary for service under Interim Court Order amounts to Begar: SC

January 11, 2019 2490 Views 1 comment Print

Ram Chet Verma & Anr. Vs State of Uttar Pradesh & Ors. (Supreme Court) Since the appellants have served as per the interim order, obviously they have to be paid the salary for the period they have rendered their services. Non-payment of salary to them for the period they have served under the interim order or otherwise would tantamount to taking begar from them, which is prohibited under Article 23 of […]

Assessment u/s 153C on non-recording of reasons & unsigned order sheet invalid

January 11, 2019 2922 Views 0 comment Print

Where AO of searched person had not recorded the reasons and order sheet of  AO of assessee though reasons were typed but remained unsigned, notice issued u/s 153C and the assessment order passed by AO was not valid as AO did not comply with the statutory requirement for issue of notice u/s 153C.

SEBI guide to implement Uniform membership structure across segments

January 11, 2019 1260 Views 0 comment Print

Securities and Exchange Board of India CIRCULAR SEBI/HO/MIRSD/DOP/CIR/P/2019/14 January 11, 2019 To, 1. All Recognized Stock Exchanges 2. All Clearing Corporations Dear Sir / Madam, Sub: Uniform membership structure across segments 1. In cash segment, all the Stock Brokers are trading cum self-clearing members whereas in derivatives segment, membership structure is that of Trading Member […]

Merchant exporters eligible for Interest Equalisation Scheme for Pre and Post Shipment Rupee Export Credit

January 11, 2019 3951 Views 1 comment Print

It has been decided by the Government of India to include merchant exporters also, w.e.f. January 2, 2019, under the ongoing Interest Equalisation Scheme for Pre and Post Shipment Rupee Export Credit and allow them interest equalisation at the rate of 3% on credit for export of products covered under 416 tariff lines identified under the Scheme.

Customs Rate of Exchange of Foreign Currency wef 12.01.2019

January 11, 2019 864 Views 0 comment Print

Customs Rate of Exchange of Foreign Currency Conversion wef 12.01.2019 notified vide Notification No. 03/2019 – Customs (N.T.) dated 11th January, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) ******* Notification No. 3/2019 – Customs (N.T.) Dated the 11th January, 2019 In exercise of the powers conferred by […]

GST on Liquidated damages for delay in execution of contract

January 11, 2019 12018 Views 0 comment Print

Whether ‘Liquidated Damages’ and other penalties like milestone penalties levied on suppliers/ contractors in the nature of making good the damages for any delays in supply of service or goods in the following cases are exigible to GST or not?

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