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Archive: 17 June 2019

Posts in 17 June 2019

Free Live Webinar: Dematerialization of Securities and Recent Amendments

July 2, 2024 1644 Views 0 comment Print

Join our free webinar on July 4th at 4:00 PM to gain insights into the dematerialization of securities and recent amendments. Register now for key updates.

Free Webinar: Analysis of 10 Recent Income Tax Judgments in Favour of Assessee

July 1, 2024 3645 Views 0 comment Print

Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.

IGST refunds mechanism to verify IGST payments

June 17, 2019 10593 Views 0 comment Print

The procedure for claiming IGST refunds is fully automated as provided under Instruction 15/2017-Cus dated 09.10.2017. It has come to the notice of the Board that instances of availment of IGST refund using fraudulent ITC claims by some exporters have been observed by various authorities

All about Contribution in Limited Liability Partnership (LLP)

June 17, 2019 150390 Views 64 comments Print

Form/Manner of Capital contribution As per the provisions of Section 32 of Limited Liability Partnership Act, 2008, contribution of a partner may consists of tangible, movable or immovable or intangible property or other benefit to the limited liability partnership, including money, promissory notes, other agreements to contribute cash or property, and contracts for services performed […]

Representation on Post Sale Commercial Credit Notes for Price Reduction

June 17, 2019 18621 Views 3 comments Print

Our submission is that if the supplier has not reduced its GST liability to the extent of the relevant amount, issuance of such commercial credit notes for price discounts do not result in any loss to the exchequer and a clearly worded notification saying that no tax liability will arise in such cases, either on the supplier or the recipient, needs to be issued in this regard to avoid double taxation.  

Writ cannot be filed for release of goods if appeal is pending before Commissioner

June 17, 2019 663 Views 0 comment Print

Kalebudde Logistics Vs Commercial Tax Officer (Karnataka High Court) When the appeal is pending against the main order, the petitioner could not have filed writ petition for release of goods which are subject matter of appeal. Section 129 and 130 of the Act provides for release of goods on payment of fine. Accordingly, the writ […]

21 Issues in GSTR-9, 9A & GSTR-9C and request to extend due date

June 17, 2019 55434 Views 17 comments Print

Tax Bar Association requested to resolve issues in filing of GSTR-9, 9A & GSTR-9C and extend due date for filing GSTR-9, 9A & GSTR-9C for the year 2017-18.

Transfer of shares cannot be construed as transfer of assets

June 17, 2019 8205 Views 0 comment Print

M/s. Gillette India Limited Vs Delhi Development Authority (Delhi High Court) It is well settled that shares of a company are a separate asset wholly distinct from the assets held by the company. In the present case, there was dilution of the share capital of TGC as well as transfer of shares held by the […]

ITC Benefits cannot be denied to purchaser merely for subsequent de-registration of selling dealers

June 17, 2019 17508 Views 0 comment Print

M/s Onyx Designs Vs The Assistant Commissioner of Commercial Taxes (Karnataka High Court) Conclusion: In absence of any other allegations made against the purchasing dealer in the assessment orders, merely for the reason that selling dealers had not deposited the collected tax amount or some of the selling dealers had been subsequently deregistered could not […]

HC quashed reassessment notice u/s 148 against Infosys Ltd.

June 17, 2019 1578 Views 0 comment Print

Reopening of assessment on basis of withdrawal of deduction allowed under Section 10A relating to the assessment year 2007-08 was without application of mind and nothing but the change of opinion, which tantamounted to review and the same was not permissible to initiate the proceedings under Section 147/148.

Online Database access fee is Business Income, not Royalty or FTS

June 17, 2019 12360 Views 0 comment Print

Elsevier Information Systems GmbH Vs DCIT (ITAT Mumbai) Whether the subscription fee can be treated as fees for technical services. As discussed earlier, it is evident that the assessee has collated data from various journals and articles and put them in a structured manner in the database to make it more user friendly and beneficial […]

Gift deed not invalid only because it was registered after death of donor

June 17, 2019 13974 Views 0 comment Print

Dinabandhu Mondal & Ors. Vs Laxmi Rani Mondal & Ors. (Calcutta High Court) The respondents have raised serious doubt over the authenticity of the said deed of gift because of the fact that it was registered after the death of the donor. However, well established is the law that it is not necessary for the […]

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