"October, 2019" Archive - Page 3

Refund of drawback of Duty paid on inputs also allowed on All Industry Rate

Public Notice No. 40/2015-2020-DGFT 31/10/2019

Rate of Drawback- Normally, drawback may be allowed as per All Industry Rate fixed by DoR in the Drawback Schedule where no CENVAT credit has been availed by supplier of goods. However, an application in ANF- 7A, along with documents prescribed in ANF-7A & Appendix-7E, may be made to RA or DC concerned, as the case may be, for fixation of...

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Inconsistency between Section 44AB and Form 3CD Audit Report Utility

This article wishes to bring to the notice of the concerned authorities a major inconsistency that exist between the provisions of section 44 AB and the Audit Report Utility available in the Income Tax E filing website....

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Posted Under: DGFT |

Salient features of new GST returns & Form GST ANX-1 & GST ANX-2

Circular No. 27/2019-2020 31/10/2019

To simplify the process and procedure of filing Of return across various categories of taxpayers, the GST Council in its 31st meeting has decided that a New Return System under GST would be introduced for taxpayers. The important salient features of new returns are as under:...

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LUT Facility extension for MSME and Small scale units who supply to primary suppliers supplying to Exporters or SEZ Units

In the erstwhile Central Excise and Service Tax regime the benefit of claiming export exemption was also available down the line to MSME and small scale suppliers of goods and services who supply goods and/or services to the primary suppliers supplying to exporters and sez’s....

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Posted Under: DGFT |

New GST Rules regarding 20% Formula for Input Credit – Is History repeating itself?

CBIC issued notification no 49/2019 dated 09-10-2019, amending the rules for claiming Input Tax Credit wherein the government has capped the ITC that a registered person can claim....

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Posted Under: DGFT |

Registration of NGO under Section 8 of Companies Act, 2013

Steps for Registration of Registration of NGO under Section 8 of Companies Act, 2013- 1. Reserve Name under RUN: First steps while registering any type of NGO is selection of name. It should be identical/unique (you can use Noun instead of adjective while choosing name) from others and don’t forgot to use Foundation, Forum, Association,...

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Posted Under: DGFT |

Assessment not valid if AO fails to consider deduction/exemption claimed

Sri Deepak Dhanaraj Vs ITO (Karnataka High Court)

Sri Deepak Dhanaraj Vs ITO (Karnataka High Court) In this case AO has not whispered about the revised return filed by the assessee except observing that the returns filed by the assessee were invalidated being defective returns. If that being the position, no opportunity was provided to the petitioner under section 139(9) of the Act [&hel...

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Last Minute Suggestions to CA Final/Inter Aspirants Appearing In Nov 2019

CA Final Exams will commence from 01st Nov 2019 and all of you whether appearing for Group 1 or Group 2 or Both Groups must be going through mixed emotions. Some must be excited; some must be scared but most of you must be nervous. Yes, it’s CA Final, Yes, it’s one of the toughest […]...

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Posted Under: DGFT |

Penalty cannot be levied on ground which was not raised

Sh. B.R.Sharma Vs ITO (ITAT Delhi)

In this case assessee was asked to explain penalty on one count, whereas Penalty has been levied on other count. This itself called for quashing of penalty order passed by AO for all years under consideration. Therefore, penalty order was quashed and set aside....

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All transactions in penny stocks cannot be regarded as bogus for SCAM in some penny stocks

Shri Vijayrattan Balkrishan Mittal Vs DCIT (ITAT Mumbai)

Shri Vijayrattan Balkrishan Mittal Vs DCIT (ITAT Mumbai) The issue for consideration before us is whether in such cases, the legal evidence produced by the assessee has to guide our decision in the matter or the general observations based on statements, probabilities, human behavior and discovery of the modus operandi adopted in earning a...

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