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Archive: December, 2019

Posts in December, 2019

Section 206AA not override provisions of section 90(2)

December 20, 2019 2436 Views 0 comment Print

Section 206AA does not override provisions of section 90(2) and in case of payment made to non-resident, assessee correctly applied rate of tax prescribed under concerned DTAAs and not as per section 206AA because provisions of the DTAAs were more beneficial and DTAA acquired primacy in such case.

When penalty imposed on firm, penalty cannot be imposed on its partner

December 20, 2019 1617 Views 0 comment Print

Gujarat High Court in case of Commissioner of Central Excise vs. Jai Prakash Motwani, when penalty is imposed on partnership firm, penalty cannot be imposed on its partner.

Difference in English & Hindi Versions of “Exempt Supply” under GST

December 20, 2019 4524 Views 0 comment Print

Exempt supply means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply;

Exercise Power to attached bank A/c only to protect interest of revenue

December 20, 2019 7962 Views 0 comment Print

Bindal Smelting Pvt. Ltd. Vs Additional Director General, Directorate General of GST Intelligence (Punjab & Haryana High Court) In the given case the petitioner is manufacturing lead ingots, red oxide and grey oxide. On 27.03.2018, officials of Respondent/GST Directorate searched premises of the Petitioner and during search seized record. The Respondent time to time directed […]

Mere Negligence without ill motive / mala fide intent is not Misconduct

December 20, 2019 11670 Views 0 comment Print

In our view, these circumstance, if considered in conjunction with total absence of ill motive, mala fide intent or animus to cause wrongful gain to the importers and the petitioner, lead to a legitimate inference that the act on the part of the petitioner was the result of negligence and carelessness. It falls short of misconduct.

Enterprising to Empowerment

December 20, 2019 870 Views 0 comment Print

When we start the journey with our aims is bigger and ambitions are higher, the road to success is never so easy. Some time we get stuck by obstacles, sometime gets tired by inner self.  But we all know who succeed, the one who overcome all the obstacles, doesn’t accept the failure, try and try […]

Change in Investment Guidelines for NPS Schemes

December 20, 2019 1092 Views 0 comment Print

Change in Investment Guidelines for NPS Schemes — permitting Pension Funds to invest in Overnight Funds and all such short duration funds as may be permitted by SEBI from time to time

‘Air Conditioner Hose Assembly’ falls under Chapter Heading 4009

December 20, 2019 1014 Views 0 comment Print

In re Sunchirin Autoparts India Pvt Ltd. (GST AAR Uttar Pradesh) Classification of Air Conditioner House Assembly (suction / discharge) used as part of Air Conditioner Compressor and Applicable tax rate for the classification. The product ‘Air Conditioner Hose Assembly’ as described in the application will merit classification under Chapter Heading 4009 of the GST […]

No Penalty Merely for denial of expenditure claimed as revenue

December 20, 2019 2889 Views 0 comment Print

Nortel Networks India Pvt. Ltd. Vs DCIT (ITAT Delhi) In the instant case, the assessee has offered Explanation as why the transaction of loss of security was claimed as business loss. This Explanation has not found to be false by the Assessing Officer. Further, the assessee substantiated the Explanation by way of filing relevant documents […]

New official email id for correspondences related to Office of Commissioner (Investigation-Customs)

December 20, 2019 1290 Views 0 comment Print

Undersigned is directed to inform that this office has received a new email id inv-custom@gov.in. Henceforth all incident report and seizure reports should be forwarded to this office only on inv-customs@gov.in.

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