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Archive: 18 July 2023

Posts in 18 July 2023

Mere Chartered Accountant’s certificate without documentary evidence is not sufficient for duty treatment of obsolete stock

July 18, 2023 705 Views 0 comment Print

CESTAT Mumbai in the matter of obsolete stock usage vis-à-vis reversal of CENVAT Credit or discharge of duty u/r 3(5B), it is held that mere Chartered Accountant’s certificate without documentary evidence is not sufficient. Matter remanded for the purpose of producing documentary evidence.

Exemption under 12/2012-CE available to aluminium structures and fabricated items used as towers of wind turbines

July 18, 2023 480 Views 0 comment Print

CESTAT Chennai held that aluminium structures and fabricated items used as towers are integral part of Wind Turbines or Wind Operated Electricity Generators (WOEG) so as to be eligible for exemption under Notification No.12/2012-CE dated 17.03.2012.

Sharing service of corporate staff with group companies is covered within ‘manpower recruitment or supply agency’

July 18, 2023 525 Views 0 comment Print

CESTAT Chennai held that the sharing services of their corporate staff with the group of companies is covered by the definition of ‘manpower recruitment or supply agency’ as defined in Section 65(105)(k) of FA, 1994 read with section 65(68) ibid.

PFRDA Guidelines for Operational Activities for PoPs-NPS-Lite

July 18, 2023 1608 Views 0 comment Print

Read latest circular from PFRDA regarding guidelines for operational activities to be followed by Point of Presence (PoPs-NPS-Lite). Stay updated and comply with regulations.

MCA Reduces penalty for delay in filing of e-Form INC-20A to 30%

July 18, 2023 6894 Views 0 comment Print

Recent judgment reduces penalty for M/s. Vena Energy Renewables Resources Pvt Ltd’s delay in filing e-Form INC-20A, highlighting the MCA’s evolving compliance landscape.

Amendment to Income-tax rule 11UAC – Relocation of Fund & Movable Property

July 18, 2023 2385 Views 0 comment Print

Ministry of Finance amends rule 11UAC of Income-tax Rules 1962, specifically addressing the relocation of funds and movable property  vide Notification No. 51/2023-Income Tax | Dated: 18th July, 2023. Under the Income-tax (Thirteenth Amendment) Rules 2023, a new sub-rule has been inserted in rule 11UAC. This sub-rule pertains to movable property, such as shares or […]

Suspension of Licence of Customs Broker – CBIC directs adherence to guidelines

July 18, 2023 1962 Views 0 comment Print

The Central Board of Indirect Taxes and Customs in India has received concerns about the suspension of Customs Broker licenses, even when it may not be warranted. This practice can have disruptive consequences, particularly for small enterprises. Regulation 16 of the CBLR, 2018 provides the Commissioner of Customs with the power to suspend licenses in […]

Anticipatory Bail denied as details of consideration pertaining to sale deed was missing: SC

July 18, 2023 13545 Views 0 comment Print

In present case, the Hon’ble Apex Court quashed the anticipatory bail filed under section 438 of the CrPC wherein the details pertaining to PAN Number and TDS were missing for the registration of sale deed and there was no source of transaction of consideration for the purchase of land even when the property in dispute was highly undervalued.

No TDS on amount paid by resident to non-resident for resale of computer software through EULA agreements

July 18, 2023 10917 Views 0 comment Print

ITAT Delhi held that amounts paid by resident Indian to non­resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements, is not the payment of royalty and hence not taxable in India. Hence, TDS u/s. 195 not deductible.

Pressmud, bagasse, boiler ash and sludge being waste or byproduct is outside the purview of rule 6 of CCR, 2004

July 18, 2023 1404 Views 0 comment Print

CESTAT Mumbai held that pressmud, bagasse, boiler ash and sludge, generated during the manufacturing of sugar/molasses, are waste or byproduct and therefore Rule 6 of the Cenvat Credit Rules, 2004 (CCR, 2004) shall have no application.

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