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Archive: December, 2019

Posts in December, 2019

NAA held Builder Guilty of not passing ITC benefit to Customer

December 6, 2019 1536 Views 0 comment Print

The Respondent has computed the interim GST benefit by estimating taxes which were a cost to him in the pre-GST regime. We find that it is a methodology based on estimated or assumed figures which is not accurate and we agree with the methodology adopted by the DGAP while determining profiteering.

FASTag – Electronic Toll Collection

December 6, 2019 5877 Views 1 comment Print

FASTag is a digital system which has been developed by the National Payments Corporation of India (NPCI). It is based on National Electronic Toll Collection (NETC) programme. Due to the recent mandatory implementation, the word ‘FASTag’ has become more familiar within the general public at large. Implementation of ‘FASTag’ is a huge step towards Digital […]

Corrigendum to DGFT Notification No. 31/2015-2020 dated 13th November 2019

December 6, 2019 7083 Views 0 comment Print

Central Government hereby notifies that the Notification No.31/2015-2020 dated 13th November, 2019 and published in the Gazette of India , Extraordinary vide number S.O. 4097(E) dated 13th November, 2019 shall be effective from the date on which Section 88 (b) of the Finance (No. 2) Act, 2019 (23 of 2019) is notified by the Department of Revenue, Ministry of Finance. Government of India. Hence, the Notification No.31/2015-20 dated 13th November, 2019 is not effective till amendment of First Schedule to the Customs Tariff Act as specified in the Fifth Schedule to the Finance Act is notified.

Leased property exceeding 12 year eligible for Section 54F exemption

December 6, 2019 7872 Views 0 comment Print

Shri N. Ramaswamy Vs ITO (ITAT Chennai) A bare reading of Section 2(47)(vi) of the Act shows that the agreement or arrangement which has the effect of transferring or enabling the enjoyment of immovable property, has to be considered as transfer in relation to capital asset. In this case, there was a perpetual lease agreement […]

Draft Indian Boiler (Amendment) Regulations, 2019

December 6, 2019 1200 Views 0 comment Print

The following draft regulations to amend the Indian Boiler Regulations, 1950, which the Central Boilers Board proposes to make in exercise of the powers conferred by section 28 of the Boilers Act, 1923 (5 of 1923), is hereby published

NEFT System to be available on 24×7 basis wef 16.12.2019

December 6, 2019 1650 Views 0 comment Print

It has been decided that the above facility shall be made available from December 16, 2019 with the first settlement taking place after 00:30 hours on December 16, 2019 (i.e. night of December 15, 2019).

GST- Wrong availment of input tax credit – HC Denies Bail

December 6, 2019 13590 Views 1 comment Print

Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court) HC held that Looking to the over all facts and circumstances of the case, gravity of the offence specially the fact that there are serious allegations against the petitioner of wrong availment of input tax credit of more than Rs. 40.53 Crores […]

Tribunal is duty bound to consider application seeking leave to produce additional evidence at appellate stage

December 6, 2019 1557 Views 0 comment Print

Braganza Construction (P.) Ltd. Vs ACIT (Bombay High Court) The issue under consideration is that Whether on the facts and in the circumstances of the case the ITAT was justified in holding that the said amount of Rs.80 lakhs is deemed to be unexplained expenditure under proviso, to section 69C, of the IT Act, without […]

SEBI (Issue of Capital And Disclosure Requirements) (Fifth Amendment) Regulations, 2019

December 6, 2019 1278 Views 0 comment Print

1. These regulations may be called the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Fifth Amendment) Regulations, 2019. 2. They shall come into force on the date of their publication in the Official Gazette.

Clarification-Voting on behalf of creditors in a class in CIRP of Jaypee Infratech Limited

December 6, 2019 1041 Views 0 comment Print

Several mails have been received by the Board from some financial creditors in a class, namely, homebuyers expressing confusion about the manner of voting in the context of resolution plan in the corporate insolvency resolution process of Jaypee Infratech Limited. It appears that there is ‘internal voting’ / ‘pre-polling’ on certain matters which are not in the agenda before the Committee of Creditors.

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