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Archive: 05 February 2020

Posts in 05 February 2020

Attribution of profit to PE in Safe Harbour Rules and in APA

February 5, 2020 3072 Views 0 comment Print

Budget 2020:Amendment for providing attribution of profit to Permanent Establishment in Safe Harbour Rules under section 92CB and in Advance Pricing Agreement under section 92CC Section 92CB of the Act empowers the Central Board of Direct Taxes (Board) for making safe harbour rules (SHR) to which the determination of the arm’s length price (ALP) under […]

Budget 2020 -CTT on new commodity derivative products proposed

February 5, 2020 1398 Views 0 comment Print

Sale of a commodity derivative based on prices or indices of prices of commodity derivatives at the rate of 0.01 per cent payable by the seller, which is the same rate at which CTT is currently charged on a transaction of sale of a commodity derivative; Sale of an option in goods, where option is exercised resulting in actual delivery of goods at the rate of 0.0001 per cent payable by purchaser;

Modification of e-assessment scheme to include section 144 reference

February 5, 2020 3207 Views 0 comment Print

Modification of e-assessment scheme Section 143 of the Act provides the manner for processing and assessment of return of income (ITR) where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142 of the Act. 2. Sub-section (3A) of section 143 provides that the Central […]

Reg. Transhipment of Export Cargo from Bangladesh to third countries through LCS

February 5, 2020 600 Views 0 comment Print

Procedure for a Pilot on Transhipment of Export Cargo from Bangladesh to third countries through Land Customs Stations (LCSs) to Kolkata Port / Airport, in containers or closed bodied trucks — Reg.

Custom procedure of inspection/appraisement of second hand machinery

February 5, 2020 13836 Views 1 comment Print

All imports of second hand machinery/used capital goods shall be ordinarily accompanied by an inspection/appraisement report issued by an overseas Chartered Engineer or equivalent, prepared upon examination of the goods at the place of sale.

Budget 2020- Section 144C to be amended- Dispute Resolution Panel

February 5, 2020 11499 Views 0 comment Print

Section 144C of the Act provides that in case of certain eligible assessees, viz., foreign companies and any person in whose case transfer pricing adjustments have been made under sub-section (3) of section 92CA of the Act, the Assessing Officer (AO) is required to forward a draft assessment order to the eligible assessee, if he […]

Provision for e-appeal on the lines of e-assessment scheme

February 5, 2020 4200 Views 0 comment Print

In order to impart greater efficiency, transparency and accountability to the assessment process under the Act a new e-assessment scheme has already been introduced. With the advent of the e-assessment scheme, most of the functions/ processes under the Act, including of filing of return, processing of returns, issuance of refunds or demand notices and assessment, […]

Budget 2020 Provides check on Section 133A survey operations

February 5, 2020 1767 Views 0 comment Print

Budget 2020– Under the existing provisions of section 133A of the Act, an income-tax authority as defined therein is empowered to conduct survey at the business premises of the assessee under his jurisdiction. To prevent the possible misuse of such powers, vide Finance Act 2003, a proviso to sub-section (6) in the said section was […]

Budget 2020 Clarifies on conditions on stay by ITAT

February 5, 2020 1773 Views 0 comment Print

It is proposed to provide that ITAT may grant stay under the first proviso subject to the condition that the assessee deposits not less than twenty per cent of the amount of tax, interest, fee, penalty, or any other sum payable under the provisions of this Act, or furnish security of equal amount in respect thereof.

HC denies Bail in GST ITC evasion case despite Bail to co-accused

February 5, 2020 1446 Views 0 comment Print

In the present case, prosecution case is that the petitioner and his co-accused by creating fake firms, have issued invoices involving tax amount of more than Rupees Seventy Four Crores. The firms were misused for evading GST input taxes by the accused. Fake firms had been created in different States of the country. Although, co-accused Himani Munjal has been granted bail by the Apex Court, but it appears that she has been granted bail on account of the fact that she is a lady and has a young child to lookafter. Her custody period was also taken into consideration. Thus, the case of the petitioner can be said to be on different footing.

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