"25 March 2019" Archive

Transferring money to India for cheaper than before

If you have been doing business internationally, whether as a small business owner with customers and suppliers overseas, or as a private investor with properties or other form of asset outside of India, then you must have fully understood by now that the cost of transferring money is nothing but marginal. Transferring money international...

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Posted Under: Finance | ,

Opportunities and Challenges of FinTech

In general, FinTech stands for financial technology and describes technologically enabled financial innovations. From ‘start-ups’ to ‘big-techs’ to established financial institutions, all the key players are harnessing this technological edge along the financial services’ value chain to provide agile, efficient and differentiat...

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Posted Under: Finance |

Penalty not justified, if both assessment order & SCN failed to state specific charge

Sanraj Engineering (P) Ltd. Vs ITO (ITAT Delhi)

Sanraj Engineering (P) Ltd. Vs ITO (ITAT Delhi) Levy of penalty under section 271(1)(c) was not justified, where both the assessment order and show cause notice failed to state the specific charge of concealment and/or furnishing of inaccurate particulars of income by assessee. FULL TEXT OF THE ITAT JUDGMENT Aggrieved by the order dated 2...

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TDS on payment to retailers on Sale of SIM & Mobile Recharge Coupons

Shri Rahul Singhal Vs ITO (ITAT Jaipur)

Shri Rahul Singhal Vs ITO (ITAT Jaipur) This appeal by the assessee is directed against the order dated 02/07/2018 of ld. CIT (A)-3, Jaipur for the A.Y. 2014-14. The assessee has raised following grounds of appeal: “1. The impugned additions and disallowances made in the order U/s 143(3) of the Act dated 29/12/2016 are bad […]...

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Sale of shares invite capital gain or would be business income, is mixed question of law and facts : HC

Pr. CIT­ Vs Vernan Pvt. Trust (Bombay High Court)

Pr. CIT Vs Vernan Pvt. Trust (Bombay High Court) Whether the Assessee is engaged in the business of buying and selling of shares or is a mere investor, would depend on the range of factors. In the present case, the Tribunal has noted the relevant facts and analyzed such facts in proper perspective. To reiterate, […]...

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TDS Rate & Tax Provisions for F.Y. 2019-20 (A.Y. 2020-21)

Every specified person is responsible for deducting the tax at source. The TDS compliance of the financial year 2019-20 would be started from 1 April 2019, in light of the concern I have prepared the brief about TDS and tax provision along with important details. TDS stands for tax deducted at source. As per the […]...

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Posted Under: Finance |

CBIC revises Format of Shipping Bill for Export of Goods

Notification No. 25/2019-Customs (N.T.) (25/03/2019)

In the Shipping Bill and Bill of Export (Forms) Regulations, 2017, under regulation 2, for Form SBI and under regulation 3 for Form III, the following Forms shall be substituted, namely :-...

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Mere low profitability of recipient firm not relevant to apply section 40A(2)(b)

Sharp Designers and Engineers India Pvt. Ltd. (Formerly Khinvasara Investments Pvt. Ltd.) Vs ACIT (ITAT Pune)

Sharp Designers and Engineers India Pvt. Ltd. (Formerly Khinvasara Investments Pvt. Ltd.) Vs ACIT (ITAT Pune) AO had not brought any comparables from market to make out that the case that impugned payment was excessive or unreasonable within the meaning of section 40A(2)(b) and based his conclusion merely on low profitability of recipient...

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Amended section 32(2) by Finance Act, 2001 applicable from A.Y. 2002-03 &subsequent years

ACIT Vs Starflex Sealing India (P) Ltd. (ITAT Mumbai)

ACIT Vs Starflex Sealing India (P) Ltd. (ITAT Mumbai) i) Amendment to Sec.32(2) by Finance Act 2001 is applicable from A.Y.2002-03 and subsequent years. Therefore, unabsorbed depreciation from A. Y 97-98 upto A. Y 2001 to got carried forward to the A. Y.2002-03 and become part thereof’, ii) It came to the governed by the […]...

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Locker search warrant and proceedings u/s 153A can be quashed if authority failes to prove that such locker contains undisclosed income

Shah-E-Naaz Judge Vs. Addl. DIT (Inv) (Delhi High Court)

Shah-E-Naaz Judge Vs. Addl. DIT (Inv) (Delhi High Court) Authority and power to conduct search and seizure operations is strident and caustic power authorized by law to be taken recourse to when the conditions mentioned under different clauses of Section 132 (1) of the Act are satisfied. Constitutional validity of the said provision has b...

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An Introduction to the Foreign Direct Investment Policy

Foreign Direct Investment (FDI) means investment by non-resident entity/person outside India in the capital of an Indian company under Schedule 1 of Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000. Foreign (Direct) investment was introduced under Foreign Exchange Management ...

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Posted Under: Finance |

No service tax on Construction of Residential Complex Service prior to 01.07.2010

C.C.E & C.S.T. Vs Keerthi Estates Pvt. Ltd. (CESTAT Bangalore)

C.C.E & C.S.T.-Bangalore Service Tax Vs Keerthi Estates Pvt. Ltd.(CESTAT Bangalore) We find that the appellant is engaged in the Construction of Residential Complex in terms of the Development Agreements entered with land owners and prospective buyers. The period of dispute is from 16.06.2005 to 31.01.2007. Further we find that an exp...

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ITC available for tax paid on insurance policies taken under statutory mandate

M/s. Tessy Engineers & Enterprises Vs Commissioner of GST & Central Excise (CESTAT Chennai)

Tessy Engineers & Enterprises Vs Commissioner of GST & Central Excise (CESTAT Chennai)  The issue is as to whether the appellants are eligible for the credit availed on insurance services. The definition of input service with effect from 01.04.2011 excludes life and health insurance services availed for personal use or for person...

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Application U/s 7 of IBC 2016 cannot be Admitted after Settlement between Parties : NCLAT

Gaurav Pandey Vs Eternity Investment Services Pvt. Ltd. & Anr. (National Company Law Appellate Tribunal)

Gaurav Pandey Vs Eternity Investment Services Pvt. Ltd. & Anr. (National Company Law Appellate Tribunal, Delhi) 30.11.2018 On 16th November, 2018 when the matter was taken up, the following order was passed : “Apart from other issues raised in the appeal it is contended by learned senior counsel representing the Appellant (Corporat...

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Posted Under: Finance |

ITAT confirms addition for Bogus LTCG

Ms Pankaj Agarwal & Sons (HUF) Vs ITO (ITAT Chennai)

Assessee come out with the plea that they were not provided with opportunity of cross-examining the witness, the investigation report was not furnished and proper opportunity was not provided of being heard. However we find that all these arguments raised by the assessee before us was never alleged before the AO when the matter was before...

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TDS deductible on transponder fees paid to non-resident

Viacom 18 Media Pvt. Ltd. Vs Asst. DIT (ITAT Mumbai)

Viacom 18 Media Pvt. Ltd. Vs Asst. Director of Income Tax (ITAT Mumbai) Assessee is liable to deduct TDS on the transponder fees paid to non-resident Facts – Assessee has leased transponder on satellites owned by Measat, Malaysia and rentals were paid to Measat on monthly basis. As per transponder lease agreement, taxes, if any, [&helli...

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Anti-dumping duty on ‘Acetone’ extended for further 5 Years

Notification No. 14/2019-Customs (ADD) [G.S.R.237(E)] (25/03/2019)

Seeks to impose anti-dumping duty on ‘Acetone’, originating in or exported from European Union, Singapore, South Africa and United States of America GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 14/2019-Customs (ADD) New Delhi, the 25th March, 2019 G.S.R.237(E).-Whereas, the designated autho...

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Reg. IGST & compensation cess exemption to EOUs on imports till 31.03.2020

Notification No. 09/2019-Customs [G.S.R. 238(E)] (25/03/2019)

Amendment to Notification No.52/2003-Customs dated 31.03.2003 for extending exemption from IGST and compensation cess to EOUs on imports till 31.03.2020 GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) Notification No. 9/2019-Customs New Delhi, the 25 March, 2019 G.S.R. 238(E).—...

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Reg. exemption from IGST & Compensation Cess upto 31.03.2020

Notification No. 08/2019-Customs [G.S.R. 236(E)] (25/03/2019)

Seeks to extend the exemption from Integrated Tax and Compensation Cess upto 31.03.2020 on goods imported against AA/EPCG authorizations vide Notification No. 08/2019-Customs Dated 25th March, 2019....

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Implementation of Kotak Committee Recommendations- Getting closer to best Corporate Governance Practices

Capital market regulator Securities and Exchange Board of India (SEBI) has approved sweeping changes to the corporate governance framework for listed companies. The new measures are based on recommendations made by a 25 members committee headed by Mr. Uday Kotak, Executive Vice Chairman and Managing Director of Kotak Mahindra Bank. The K...

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Posted Under: Finance |

Respondent in an appeal before Tribunal cannot seek any further or more relief than what had been granted to him by CIT(A)

M/s. Tongani Tea Co. Limited Vs JCIT (ITAT Kolkata)

M/s. Tongani Tea Co. Limited Vs JCIT (ITAT Kolkata) Rule 27 of Income Tax (Appellate Tribunal) Rules can be invoked only to support the order appealed against on any of the grounds decided against the respondent Conclusion – The scope of rule 27 of the Income Tax (Appellate Tribunal) Rules, 1963 is limited only to support […]...

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GST: Important things to remember this March ending!

Many important changes were brought in GST this year. Soon, taxpayers would be filing their Annual return and getting their accounts audited. This would be the first time taxpayers would file annual return and also their last chance to rectify mistakes if any in FY 2017-18. So, as March end approaches the taxpayers should reconcile their ...

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Completed Assessment cannot be opened if Incriminating Material not found during search

ACIT Vs Ms. Varun Beverages Ltd. (ITAT Delhi)

Where Any Incriminating Material Was Not Found During The Course Of Search, The Completed Assessments Could Not Be Opened: Varun Beverages Appeal...

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Review of Commission, Expenses, Disclosure norms etc – Mutual Fund

SEBI/HO/IMD/DF2/CIR/P/2019/42 (25/03/2019)

Securities and Exchange Board of India CIRCULAR SEBI/HO/IMD/DF2/CIR/P/2019/42 March 25, 2019 All Mutual Funds (MFs)/ Asset Management Companies (AMCs)/ Trustee Companies/ Boards of Trustees of Mutual Funds/ Registrar and Transfer Agents (RTAs) / Association of Mutual Funds in India (AMFI) Sir / Madam, Subject: Review of Commission, Expens...

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GST on Sweet Shop-Cum-Restaurant With Takeaway Facilities

1. Background The assesee is running a shop where it sale and serve sweetmeats, namkeens, cold drinks and other edible items and also restaurant. The dilemma here is related to classification of the supply, whether the supply by the assesse will fall in the supply of goods or supply of services. Additionally one needs to […]...

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Posted Under: Finance |

A Roadmap for a Global Asset Registry: ICRICT new paper

A Roadmap for a Global Asset Registry- Measuring and tackling inequality: Curbing tax avoidance, tax evasion, corruption and illicit financial flows....

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Posted Under: Finance |

Urgent attention requires over Demat problem

Small investors of 50-60 years ago, who then had bought shares after paying all due taxes every year besides controlling their so many needs[ keeping in mind nation building ] ignoring other investment option such as Land / Gold / FD etc. on assurance of our political / Economic / Stock Exchange experts that this […]...

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Posted Under: Finance |

New Return filling system under GST

The GST council has proposed new GST Return filling system on 8th March 2019. Here in this article we have explained the requirements and applicability of all the three returns namely Sahaj, Sugam and Normal. The tax payer can opt to file ANY of the three returns. Each return has different features. Particulars Normal Sahaj […]...

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Posted Under: Finance |

Analysis of new GST revised rates on Construction of Residence

Analysis of new GST revised rates on Construction of Residence & other complications arises due to introduction of new rates and its conditions Due to Demonetization, RERA, GST, lack of consumer demand, increase of real estate prices, increase of MHADA premium and many other factors the Real Estate Industry is struggling to survive so...

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Posted Under: Finance |

Last Chance to File Income Tax return for FY 17-18 – ONLY 7 DAYS LEFT

The deadline to file Income tax returns for the Financial Year 2017-18 (Assessment year 2018-19) without any penalty was of July 31, 2018, which was later extended by one month to August 31, 2018....

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Posted Under: Finance |

GST, Excise, Service Tax & Customs updates for March 2019 (Till 20th March)

Indirect Taxes Updates- GST, Customs, Excise, Service Tax & VAT Month – March 2019 (Updated upto 20th Mar.19) A. Proposal of 34th GST council meeting The GST Council (Council), in its 34th meeting on 19th March 2019 discussed operational details for implementation of recommendations made in 33rd meeting in respect of new rate of tax...

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Commercial Training and Coaching: Meaning & Taxability

Can Higher Education Courses be equated to ‘training and coaching’ in tax parlance? Taxing education sector has always been a tricky issue. For the first time in 2003, under Service Tax regime, service tax was imposed on ‘commercial training and coaching’ service. The term which was used in charging provision of ta...

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Posted Under: Finance |

Compliance Calendar for Companies till June 2019

There were various amendments and notifications in the Companies Act, 2013 in the past six months.  The most important thing about these notifications is that they require immediate compliance or disclosure on the part of Companies within a specified due date. In this write up, we shall discuss preliminary about the recent important noti...

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Posted Under: Finance |

Service Export from India Scheme: Revised FTP 2015-20

Service Export from India scheme 1. Introduction: The Government has introduced the Service Exports from India Scheme (SEIS) w.e.f. 01.04.2015 under the Foreign Trade Policy (FTP), 2015-20 replacing the earlier scheme ‘Served from India Scheme’ under the FTP, 2009-15. Under SEIS, the service providers of notified services are ince...

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Posted Under: Finance |

Due Date of Payment- Under Reverse Charge (GST)

Generally a supplier use to collect and pay indirect taxes applicable on supply of goods and services. However Reverse Charge mechanism (RCM) is a method under which the receiver of Goods and service, instead of the supplier, is required to pay GST. The concept of RCM (Reverse Charge Mechanism) under GST is not new as […]...

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Posted Under: Finance |

Govt allocates charges amongst CBIC members

F.No.C-50/25/2000-AD.II (25/03/2019)

Office Order No. 38/2019Consequent upon the appointment of Shri Ashok Kumar Pandey and Shri Sandeep Mohan Bhatnagar as Members in CBIC, it has been decided with the approval of the Competent Authority, to allocate charges of Members of Central Board of Indirect Taxes and Customs as under until further orders:-...

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