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Archive: 31 August 2020

Posts in 31 August 2020

Anti-dumping investigation against imports of Acrylic Fibre

August 31, 2020 441 Views 0 comment Print

Case No. (SSR) 08/2019 Sunset Review of anti-dumping investigation against imports of Acrylic Fibre originating in or exported from Thailand.

Debate on Nature of Expense- Penalty for disallowance unjustified

August 31, 2020 969 Views 0 comment Print

Piramal Healthcare Ltd. Vs DCIT (ITAT Mumbai) We find that the assessee had claimed business promotion expenses as revenue expenditure which was sought to be treated by the ld. AO as capital expenditure. This disallowance was ultimately sustained by the Tribunal in the quantum appellate proceedings. We find that the issue in dispute was whether […]

‘Shapoorji Palonji’ denied ITC benefit to Flat Buyers : NAA

August 31, 2020 1707 Views 0 comment Print

Venugopal Gella Vs Shapoorji Palonji (NAA) It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the tune of 1.99% of the total turnover in respect of the project PARKWEST-EMERALD during the period from July, 2017 to April, 2019 which he was required to pass […]

Rejection of Form SVLDRS-1 justified if Assessee not declares all his tax dues

August 31, 2020 1206 Views 0 comment Print

Chaque Jour Hr Services Pvt. Ltd. Vs. Union of India & Ors. (Delhi High Court) Section 129 nowhere contemplates fragmented settlement of tax dues. The discharge certificate issued under Section 126 with respect to the amount payable under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS’) is considered to be conclusive as to the matter […]

Reopening to assess Income under different head due to change of opinion is invalid

August 31, 2020 1089 Views 0 comment Print

Reopening of assessment to assess the remuneration under the head ‘income from salary’ instead of ‘income from other sources’ constitutes difference of opinion and the AO is not permitted to reopen the assessment on difference of opinion

Notification No. 40/2020-Customs (N.T./CAA/DRI) dated 31.08.2020

August 31, 2020 765 Views 0 comment Print

Notification No. 40/2020-Customs (N.T./CAA/DRI) dated  31.08.2020 – Appointment of Common Adjudicating Authority by Pr. DGRI. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Directorate of Revenue Intelligence Notification No. 40/2020-Customs (N.T./CAA/DRI) New Delhi, dated the 31.08.2020 S.O.      (E). – In pursuance of notification No. 60/2015-Customs (N.T.), published […]

AAAR remanded case back to AAR to examine afresh & dispose

August 31, 2020 963 Views 0 comment Print

In re DKV Enterprises Private Limited (GST AAAR Andhra Pradesh) The case was taken up for hearing on 16th June 2020, for which the authorized representative Sri KVJLN Sastry, Advocate attended through web conference and reiterated the written submission. The appellant submits that the Advance Ruling authority has misinterpreted the nature of service and came […]

GST payable on leasing of property in the nature of hotel, inn, guest house

August 31, 2020 5877 Views 0 comment Print

We find that the Appellant has constructed the building with the intention of providing hostel accommodation which is more akin to sociable accommodation rather than what is commonly understood as residential accommodation. Therefore, we conclude that the impugned property cannot be termed as residential dwelling. Once the impugned property is not a residential dwelling, the exemption under Sl.No 13 of Notification No 09/2017 IT (Rate) dt 28.06.2017 will not apply to the renting/leasing of such property.

CBDT specifies Scheduled Commercial Banks for section 138(1)(a)(ii)

August 31, 2020 1473 Views 1 comment Print

In pursuance of Section 138(1)(a)(ii) the Income-tax Act, 1961, Central Government hereby specifies Scheduled Commercial Banks listed in the Second Schedule of the Reserve Bank of India Act, 1934 for the purposes of the said clause.

Duty drawback cannot be denied for procedural irregularities

August 31, 2020 1110 Views 0 comment Print

Bio Gen Extracts Pvt Ltd Vs Commissioner of Customs (CESTAT Bangalore) We find that the appellant initially exported Phycocyanin and a part quantity of the same was rejected for quality reasons which was re-imported by him without payment of duty in terms of Notification No. 158/95-Cus dated 14.11.1995 on executing Bond with Bank Guarantee. We […]

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