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Archive: 01 March 2019

Posts in 01 March 2019

7 key decisions taken in SEBI Board Meeting dated March 01, 2019

March 1, 2019 1017 Views 0 comment Print

The Board considered and approved the following Amendments to SEBI (Infrastructure Investment Trusts) Regulations, 2014 and the SEBI (Real Estate Investment Trusts) Regulations, 2014:

Deduction U/s 80IB not allowable on lease rent of industrial undertaking

March 1, 2019 1134 Views 0 comment Print

Navas M. Meeran Vs ACIT (ITAT Cochin) Conclusion: Lease rent received by assessee by letting out the industrial undertaking was not having any direct connection with the manufacture or production of an article or thing by assessee and the same could not be considered as business income eligible for deduction u/s. 80IB. Held: Assessee had […]

Anti-profiteering provisions not apply in absence of reduction in tax rate

March 1, 2019 438 Views 1 comment Print

Kerala State Screening Committee on Anti-Profiteering Vs Director General Anti-Profiteering (NAA) On perusal of the facts of the case and the details provided in the table given above in para 4 it is apparent that there was no reduction of tax with the introduction of GST. The DGAP on examining various facts has categorically mentioned […]

No profiteering if base price of product remain same after GST rate reduction

March 1, 2019 2301 Views 0 comment Print

Kerala State Screening Committee on Anti-profiteering Vs M/s Velbon Vitrified Tiles Pvt. Ltd (NAA) As seen from the invoices given above at para 4 it is clear that the base price of the product per box was Rs. 232.50 prior to 15.11.2017 and had remained the same even after GST rate reduction w.e.f. 15.11.2017. Therefore, […]

CEA says deterrence through IBC catalysed recovery of around Rs 3 lakh crore

March 1, 2019 348 Views 0 comment Print

Press Information Bureau  Government of India Ministry of Corporate Affairs Date: 01-March-2019 Innovation can lead India to forefront of competition: CEA Subramanian  CEA says deterrence through IBC catalysed recovery of around Rs 3 lakh crore Chief Economic Adviser K.V. Subramanian said that if this century has to belong to India then innovation has to be […]

Sole Concessionaire under GST

March 1, 2019 12885 Views 1 comment Print

Note on Sole Concessionaire under GST Under GST, as given under explanation to Section 15 of the Central GST Act,2017, the term ‘related person’ includes persons who are associated in the business of one another in that one is the sole agent or sole distributor or sole concessionaire, of the other. Now it is time […]

No addition can be made for mere non-production of directors of shareholder companies

March 1, 2019 1386 Views 0 comment Print

Addition under section 68 on mere reason of non-production of directors in the person of shareholder companies was not justified and AO had not brought any cogent material on records in assessment order to demolish the copious evidences furnished by assessee.

SC explains legal effect of dismissal of a SLP by a speaking/ non-speaking order

March 1, 2019 28077 Views 0 comment Print

The doctrine of merger is not a doctrine of universal or unlimited application. It will depend on the nature of jurisdiction exercised by the superior forum and the content or subject-matter of challenge laid or capable of being laid shall be determinative of the applicability of merger. The superior jurisdiction should be capable of reversing, modifying or affirming the order put in issue before it.

Maharashtra VAT: Govt withdraws Pending Assessment Proceedings in 118731 cases

March 1, 2019 9528 Views 1 comment Print

For the effective utilization of the available manpower for the disposal of pending work under the Value Added Tax Act, the Central Sales Tax Act and also the work related to Goods and Services Tax, it has become necessary to formulate the criteria for withdrawal of the assessment proceedings where the likely revenue earnings in each such case is as determined with the use of the Business Intelligence Data Warehouse tools or such other electronic data mining tools, is less than the threshold as provided in clause 6 of notification referred at serial number 1.

Reassessment based on usurpation of jurisdiction on non-existing jurisdiction is invalid

March 1, 2019 1422 Views 0 comment Print

When income which was the foundation on which he based his belief of escapement of income was absent /disappeared then AO’s very usurpation of jurisdiction was on non-existing jurisdictional fact which rendered his usurpation of jurisdiction to reopen the assessment legally untenable and so null in the eyes of law and therefore, the reassessment made by AO without jurisdiction was quashed.

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