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Archive: 27 August 2019

Posts in 27 August 2019

Proceedings u/s 148 could not be initiated for verification of sources of investment

August 27, 2019 6219 Views 0 comment Print

Proceedings under section 148 could not be initiated for verification of the sources of investment and therefore, the reasons recorded by AO were no reasons in the eye of law for assuming jurisdiction for issuing notice under section 148.

MLI synthesised text for India- Japan tax treaties

August 27, 2019 2283 Views 0 comment Print

Synthesised text of MLI and Convention between Government of Japan and Government of Republic of India for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Taxes on Income.

Trade War: Is it a prelude to deglobalisation?

August 27, 2019 498 Views 0 comment Print

The forex market is unique in several ways. A foreign currency is essentially a commodity outside its jurisdiction and therefore has attributes of an asset. But the exchange rate, the price of the foreign currency normalised to the home currency is an important macroeconomic variable that ought to be determined by economic fundamentals and influences behaviour of economic agents.

Taxing Royalty Payments in Digital economy

August 27, 2019 1749 Views 0 comment Print

In our Transfer Pricing world, the OECD has duly acknowledged the fact that the business environment has evolved due to change in technology and digitalization. The efforts of OECD to walk hand in hand with the ongoing evolution of technology is visible from its work in Action 1 – Digitalisation, Business Models and Value Creation, where it is trying to justify its underlying principle need to align transfer pricing outcome with value creation

Fraudulent GST Refund claim against fake documents -Reg.

August 27, 2019 2487 Views 0 comment Print

Commissioner GST (Investigation) while explaining the modus operandi of the fraudulent refund claim vide the above referred OM has suggested for issuance of a Circular/Instruction to address and curb the kind of fraud detailed in his letter

Section 148 Notice issued for verification of information was not valid

August 27, 2019 8334 Views 0 comment Print

Notice under section 148 could not be issued for verification of information, but here the jurisdictional satisfaction of the essential requirement had to be shown that there had to be reason to believe that there was income chargeable to tax which was not there in the assessment order passed. Thus, the reasons recorded by AO were no reasons in the eye of law for assuming jurisdiction and the assessment orders u/s 144 read with 147 was quashed.

Thoughts and perspectives on Mutual Fund industry of SEBI Chairman

August 27, 2019 696 Views 0 comment Print

As a capital market regulator, one of our objectives is to promote the growth of the securities market through greater investor participation. Mutual Funds are one of the most important institutions through which money collected from various investors, especially retail investors are channelized into the capital market.

GST on Dried Coconut: AAR allowed withdrawal of application

August 27, 2019 2520 Views 0 comment Print

Applicant has stated that it is absolutely clear that one cannot invoice as terming Edible copra as its edibility is challenged and it is also clear that HS Code 1203 Copra is meant only for Milling copra (refer HSN Explanatory notes) and their commodity falls under HSN Code 08011920 only

AAR Allows ‘Haworth India Pvt Ltd’ to withdraw Application

August 27, 2019 1116 Views 0 comment Print

The applicant vide their letter dated 26th August 2019 has submitted that they wish to voluntarily and unconditionally withdraw the advance ruling application as the CBIC circular No.107/26/2019-GST dated 18.07.2019 has provided clarity to the ambiguity for which they had sought the Advance Ruling.

AAR cannot accept application if Advance Ruling sought by applicant already pending before appropriate authority

August 27, 2019 948 Views 0 comment Print

In re A.M. Abdul Rahman Rowther & Co (GST AAR Tamilnadu) The issue raised by the applicant is the classification of the product manufactured by them and the applicability of Notification No.01/2017 Comp.Cess (Rate). From the comments furnished by the Commissioner GST 86 Central Excise, Trichy, it is seen that the proceedings in respect of […]

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