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Archive: 11 June 2019

Posts in 11 June 2019

Cenvat credit of tax paid on demurrage charges is available

June 11, 2019 1974 Views 0 comment Print

CESTAT Mumbai has held that demurrage was part of handling of import and export shipments of the assessee and therefore Cenvat credit of tax paid on such demurrage charges would be available. The demurrage charges were paid by the C&F service provider on behalf of the assessee and billed to him as out of pocket expenses. The Tribunal also observed that Customs Clearance Service also qualified to be input service covered by Cenvat Rule 2(l).

Penalty sustained if Charge for initiation of penalty & charge while levying was same

June 11, 2019 1191 Views 0 comment Print

Shri Harish Chand Narang Vs ACIT (ITAT Jaipur) The sum and substance of above decision is that the nature of specification of charge by the A.O. at the stage of initiation of penalty proceedings at the time of issue of notice U/s 274 read with Section 271(1)(c) of the Act and at the time of […]

Consideration for Transfer of copyrighted software cannot be taxed as royalty

June 11, 2019 1359 Views 0 comment Print

Ms. Sandvik Tooling Sverige AB Vs DCIT (ITAT Pune) The assessee is non-resident and was providing software services to Sandvik Asia Ltd. and also was providing IT support services to the said concern. The question which arises in the present appeal is whether the consideration received by assessee from the payer i.e. Sandvik Asia Pvt. […]

GST Annual Return & subsequent reconciliation for GST Audit- Issues

June 11, 2019 46953 Views 2 comments Print

We urge you to consider and clarify the following issues which are arising at the time of preparing and filing Annual Return in Form GSTR-9. Please note that this is an illustrative list of burning issues and there are many more issues being faced by the taxpayers and professionals alike.

DPT-3 Return of Deposits

June 11, 2019 42000 Views 0 comment Print

The Ministry of Corporate Affairs vide its notification dated 22.01.2019 notified to furnish the information regarding outstanding receipt of loan or money by every Company other than Government Company. Accordingly, sub-rule (3) was inserted after sub-rule (2) in Rule 16A of the Companies (Acceptance of Deposits) Rules, 2014 which reads as following: “Every company other than Government […]

Paper on amendment to SEBI (Prohibition of Insider Trading) Regulations, 2015

June 11, 2019 1677 Views 0 comment Print

Securities and Exchange Board of India Discussion Paper on amendment to the SEBI (Prohibition of Insider Trading) Regulations, 2015 to provision for an informant mechanism INTRODUCTION: 1. Insider trading is defined in the SEBI (Prohibition of Insider Trading) Regulations, 2015 (‘PIT Regulations’) to mean trading of securities while in possession of unpublished price sensitive information (‘UPSI’). […]

Tax on LTCG on listed Shares / Securities wef 01.04.2018 | section 10(38)|

June 11, 2019 128925 Views 9 comments Print

New Regime of Taxation of Long Term Capital Gains on sale of equity share, unit of equity oriented funds and unit of the business trust u/s 112A of the Income Tax Act, 1961 with effect from 01.04.2018 The Finance Act, 2018 has withdrawn the exemption under section 10(38) of the Income-tax Act, 1961 and has […]

Which is better- Slump Sale or Asset Purchase ?

June 11, 2019 45651 Views 2 comments Print

SLUMP SALE Slump sale is a sale of an undertaking as a going concern. As per section 2(42C) of Income-tax Act 1961, ‘slump sale’ means the transfer of one or more undertakings as a result of the sale for a lump sum consideration without values being assigned to the individual assets and liabilities in such […]

RBI forms Committee to Review ATM charges and fees

June 11, 2019 621 Views 0 comment Print

Reserve Bank of India Date : Jun 11, 2019 It was announced in the Part ‘B’ of the Second Bi-Monthly Monetary Policy for the year 2019-20 on June 6, 2019 that the Reserve Bank of India will constitute a Committee to Review the ATM Interchange Fee Structure with a view to give a fillip to the ATM deployment […]

RBI waives NEFT & RTGS charges; Instruct banks to pass on benefit to Customers

June 11, 2019 990 Views 0 comment Print

The banks are advised to pass on the benefits to their customers for undertaking transactions using the RTGS and NEFT systems with effect from July 1, 2019.

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