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Archive: February, 2019

Posts in February, 2019

ITCG cannot be held bogus merely on human probabilities or surmises

February 1, 2019 1584 Views 0 comment Print

Mahavir Jhanwar Vs ITO (ITAT Kolkata) The sole issue that arises for my adjudication is whether the Assessing Officer was right in rejecting the claim of the assessee that he had earned Long Term Capital Gains on purchase and sale of the shares of M/s Unno Industries. The AO based on a general report and […]

ITAT condones delay in appeal filing due to illness of chief accountant

February 1, 2019 1350 Views 0 comment Print

Shri Pawan S. Jalan Vs ACIT (ITAT Ahmedabad) If we consider the explanation of the assessee filed before the ld.CIT(A), which has been partly reproduced in the order of the ld.CIT(A) on page no.3, then it would reveal that chief accountant of the company was ill and failed to hand over assessment order to the […]

Procedure for clearance of Export LCL Cargo categorized as Hazardous Goods

February 1, 2019 1467 Views 0 comment Print

A doubt has been raised that whether the said procedure is applicable to LCL cargo or not. The issue has been examined. It is clarified that the procedure outlined in Public Notice No. 46/2017, dated 31.03.2017 is applicable to containerized cargo as well as LCL cargo.

CBIC Rescinds Circular No. 46/2017-Customs dated 24.11.2017

February 1, 2019 6684 Views 0 comment Print

Circular No. 46/2017-Customs dated 24thNovember, 2017 stands rescinded on the date of supersession by Circular No. 03/01/2018-IGST dated 25th May, 2018 i.e. w.e.f. 01 st April, 2018.

2nd Corrigendum to Income Tax Circular No. 1/2019 dated 01.01.2019

February 1, 2019 3249 Views 0 comment Print

The undersigned is directed to refer to Circular No. 1/2019 dated 1st January, 2019 bearing file of even number on the above mentioned subject and to state that in para 5.5.12 on page 42 dealing with Section 8oTTB, the phrase in bracket i.e (not being time deposits) stands deleted.

Notification No. 04/2019-Customs (N.T./CAA/DRI) Dated: 01.02.2019

February 1, 2019 1710 Views 0 comment Print

Notification No. 4/2019-Customs (N.T./CAA/DRI) Principal 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:-

Sec. 68 addition of share application money cannot be made if assessee explains nature & source of credit

February 1, 2019 8334 Views 0 comment Print

Since all the three conditions as required u/s. 68 i.e. the identity, creditworthiness and genuineness of the transaction was satisfied by assessee and the onus shifted to AO to disprove the materials placed before him, therefore, without doing so, the addition made by AO based on conjectures and surmises could not be justified.

CBIC rescinds Circular No. 03/01/2019-IGST dated 25th May, 2018

February 1, 2019 3789 Views 0 comment Print

Circular No. 03/01/2019-IGST dated 25th May, 2018 is hereby rescinded. It is requested that suitable trade notices may be issued to publicize the contents of this circular.

CBIC amends 5 GST Circular due to amendment in CGST Act wef 01.02.2019

February 1, 2019 29472 Views 0 comment Print

Consequent to the GST Amendment Acts, the following circulars issued earlier under the CGST Act, 2017 are hereby amended with effect from 01.02.2019, to the extent detailed in the succeeding paragraphs.

UTGST (Removal of Difficulties) Order, 2019 on composition Scheme

February 1, 2019 1071 Views 0 comment Print

This Order may be called the Union Territory Goods and Services Tax (Removal of Difficulties) Order, 2019. For the removal of difficulties, it is hereby clarified that the value of supply of exempt services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be taken into account –

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