"12 April 2019" Archive

No additional fees on Filing DPT-3 Form pending deployment

General Circular No. 05/2019 (12/04/2019)

Pending the deployment of DPT-3 Form on MCA 21 portal and in order to avoid inconvenience to stakeholders on account of various factors, it is stated that the additional fee, as provided under the Companies (Registration Offices and Fees) Rules, 2014, shall be levied after 30 days from the date of deployment of the DPT- 3 form on MCA 21 p...

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HC on Power of Commissioner to order provisional attachment under CGST Act, 2017

Ms. H.M. Industrial Pvt. Ltd Vs Commissioner, Cgst And Central Excise (Gujarat High Court)

Ms. H.M. Industrial Pvt. Ltd Vs Commissioner, CGST And Central Excise (Gujarat High Court) Section 83 of the CGST Act inter alia provides that where during the pendency of any proceedings under sections 67, 73 or 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue, […]...

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Profiteering Complaints Adjudicated by NAA In 2018

During the year 2018, the NAA has passed 28 orders against the complaints referred to it. Following is the gist of NAA Orders issued in 2018. It may be noted that out of 28 Orders, Anti-profiteering could not be established in 18 cases....

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Posted Under: Company Law |

ITC disallowed on CSR Expenses – Way ahead

In re M/s. Polycab Wires Pvt. Ltd. (GST AAR Kerala)

Recently in a advance ruling by Kerala authority for advance ruling , it has been held that applicant cannot take input tax credit for expense incurred in connection with corporate social responsibility expenses....

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Only ‘mistake apparent from record’ can be rectified U/s. 254 (2)

ITO Vs Devendra J Kothari (ITAT Ahmedabad)

High Court faulted the Tribunal's decision of reducing the penalty as a 'way to bypass the minimum limit' and the Tribunal was in error in granting the relief, the same does not constitute a mistake apparent from the record so as to enable the Tribunal to revisit its decision...

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Recovery of interest without issuance of notice is bad in law: CESTAT Mumbai

M/s. Ansar & Co. Vs Commissioner of Customs (Imp-II) (CESTAT Mumbai)

The assessee should have been put to Notice and a reasonable opportunity should have been given for representing their case. While the same was not done, jumping straight way to coercive measures was certainly uncalled for. Therefore, Interest collected being without authority of Law needs to be refunded along with applicable interest....

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Addl CIT cannot exercise powers of AO without valid jurisdictions U/s. 120(4)(b

ACIT Vs M/s Tata Sons Ltd., Bombay House (ITAT Mumbai)

In the absence of a valid order u/s 120(4)(b) as well as section 127(1) of the Act the Additional Commissioner of Income Tax could not have exercised powers of an Assessing Officer to pass the impugned assessment order....

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TDS u/s 194H not deductible on discount to prepaid card distributors for SIM card supply

Ms Idea Cellular Ltd Vs ACIT (ITAT Delhi)

Section 194 H was applicable on on the discount allowed by assessee to the prepaid card distributors in respect of supply of SIM card/Recharge vouchers (SIM/RV)....

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Sec 54 exemption allowable on property purchased outside India prior to amendment in 2015

I.T.O. Vs Shri Mahesh Gobind Dalamal (ITAT Mumbai)

Conclusion: Exemption under Section 54 was available to assessee for properties purchased in foreign countries as there was no condition in the provision that the property must be purchased in India prior to amendment in the provision in 2015....

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CBDT Central Action Plan for first Quarter of FY 2019-20

F.NO. 380/1/2019-IT(B) (12/04/2019)

IAP: 2019-20 (For Departmental use only) MOST IMMEDIATE BY FAX F.NO. 380/1/2019-IT(B) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes North Block, New Delhi 12th April 2019 To All Pr. Chief Commissioners of Income tax & Pr. Director Generals of the attached Directorates of CBDT Subject: Centra...

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