"19 February 2020" Archive

Goods Manufactured for use by other Manufacturers cannot be subjected to Excise U/s. 4A

T.M. Tyres Limited Vs Commissioner of Central Excise (CESTAT Hyderabad)

T.M. Tyres Limited Vs Commissioner of Central Excise (CESTAT Hyderabad) It is an admitted fact on record that the appellant is engaged in the manufacture of Butyl rubber inner tubes and such product by itself is separately identifiable and is a distinct Marketable product. It cannot be said that the product manufactured by the appellant [...

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Kolkata high court stays service tax audit

Magma Housing Finance Ltd. and Magma ITL Finance Ltd. Vs Union of India & Ors. (Kolkata High Court)

Considering the submissions made by all the parties, and the orders placed before me in relation to stay of similar notices of Service Tax audit by the different High Courts,  I am of the prima facie view that the impugned notices dated December 13, 2018 and April 25, 2019 should be stayed till June 12, 2020 or until further orders which...

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Mistake of Legal advisor must be bonafide mistake to justify condonation of delay

Boutique Hotels India (P) Ltd. Vs ACIT (ITAT Delhi)

pleader's gross carelessness affords no ground for condonation of delay; that a legal advisor's  mistake, in order to justify condonation of delay must be a bonafide mistake; that mistaken advice given by a lawyer negligently and without  due care is not sufficient cause; that the mistake should be such, which  even a skilled legal adv...

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Problems faced by Tax Professionals of Bhilwara in GST Refund related Work

Tax Bar Association has made a representation Regarding the problems faced by the members of Tax Bar Association, Bhilwara in the work of GST Refund. Problems includes unprofessional attitude of person in charge of GST Refund, Delay in GST Refund Process and Centralised System Of Authority To Approved GST Refund. Tax Bar Association BHILW...

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Posted Under: Excise Duty |

The dreadful “others” category in HSN-warning by DGFT, Ministry of Commerce

The importers and exporters are in a state of shock as well as dilemma after the issuance of Trade Notice No. 46/2019-20 dated 17.1.2020 which was issued with regard to the imports and exports under the ‘others‘ category. The notice states that importers and exporters have been casually mentioning the Harmonised System (HS) co...

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Posted Under: Excise Duty |

Section 271I Penalty for failure in furnishing Form 15CA & Form 15CB

Any person making payment to a non-resident (not being a company) or a foreign company is required to furnish payment information in Form 15CA and Form 15CB. In case such person fails in furnishing the information in Form 15CA and Form 15CB, then he would be liable to pay the penalty under section 271-I of […]...

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Posted Under: Excise Duty |

IBC: Analysis of Circular on Filing of ROC forms by IRP, RP or Liquidator

Analysis of General Circular No. 04/2020 Dated 17.02.2020 on Filing of forms in the Registry (MCA-21) by the Insolvency Professional (Interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidator) appointed under Insolvency Bankruptcy Code, 2016 (IBC, 2016). What is Relevant? Filling of forms in MCA by the IRP & ...

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Posted Under: Excise Duty |

Payment of Gratuity Act is fully applicable to Teachers in Schools

This article is prepared to create awareness amongst CA’s, Accounting/Finance Personnel & Management of Schools about Supreme Court Judgment dated 07.03.2019 about Eligibility of Teachers in Schools for Gratuity Benefits under the ‘Payment of Gratuity Act 1972′. This article will also give information about ‘Me...

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Posted Under: Excise Duty |

Recent Drought in Indian Lending Space

Recent Drought in Indian Lending Space – Have corrective measures been taken ? The current slowdown in the economy largely fueled by decline in credit off take to auto, real estate & other sectors is gradually leading to unemployment & decline in GDP growth rates. The essence of all human activity & inter-relationship is...

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Posted Under: Excise Duty |

GST Annual Return for F.Y. 2018-19 : Due date 31.03.2020

Vide Order No. 08/2019-Central Tax, dated 14.11.2019, CBIC has extended the due date of filing GST Annual return for the Financial Year 2018-19 up to 31.03.2020. As per Sec.44(1) of CGST Act, 2017 the due date for filing annual return for FY.2018-19 was 31.12.2019. So, one extension is already given by the Govt. to file […]...

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Posted Under: Excise Duty |

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