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Area based exemption under central excise available where new unit successor to previous unit and to adjacent units.

March 13, 2020 4101 Views 0 comment Print

Spring Dells Vs Commissioner of Central Goods & Service Tax (CESTAT Delhi) Conclusion: Assessee was entitled to the area-based exemption for the reason that it was admittedly the successor of the previous unit entitled to the exemption and all the units/sheds were located in one private industrial complex which could be said to be adjacent […]

No service tax on Independent Buildings having single Residential Unit

March 13, 2020 18021 Views 0 comment Print

Service tax can be demanded under 65(105)(zzzh) only if the building concerned has more than 12 residential units in the building and such levy will not apply in cases where in one compound has many buildings, each having not more than 12 residential units.

Time for Filing Belated Income Tax Return

March 13, 2020 21703 Views 5 comments Print

Dont miss the deadline! File your belated income tax return by 31st March, 2020 to avoid penalties. Learn more about the amended Section 139(4) and the reduced time limit.

Acceptance of PAN applications – Initials in Middle Name

March 13, 2020 178320 Views 97 comments Print

Attention of all TIN-Facilitation Centers (TIN-FCs) is hereby invited to the procedure prescribed for accepting PAN applications. As you are aware, PAN applicants (individuals) are required to provide names (first name, middle name & last name) in expanded form in PAN applications submitted. Also, the supporting documents submitted as proof of identity and address should contain the applicant’s name in expanded form and as mentioned in the PAN application.

Necessity of investigation for system failure on mis-declaration of POS, MPOS devices and evasion of customs duty

March 12, 2020 3156 Views 0 comment Print

Chief Commissioner of Customs was directed to consider whether it should be necessary to cause a vigilance enquiry on the system failure to determine how the consignments were cleared when there were so many mis-declaration in description as well as classification of the imported Point of Sale Devices (POS) and Mobile Point of Sale Devices (MPOS) and evasion of customs duty.

Sanction of Walmart’s acquisition of Flipkart by CCI was justified

March 12, 2020 4041 Views 0 comment Print

: In absence of any prime facie opinion framed, that the combination of Walmart-Flipkart was likely to cause or had caused appreciable adverse effect on the competition within the relevant market in India, the sanction of of Walmart’s acquisition of Flipkart by Competition Commission of India (CCI) was justified.

Demand for Cost Recovery Charges was non sustainable

March 12, 2020 5742 Views 0 comment Print

Since no services were being specially provided by the customs officials to the custodians at a customs port or customs airport, to enable them to collect any fee, from such a custodian thus, High Court not only set-aside the demand of Cost Recovery charges but even held that Regulation 5(2) of Regulation 2009 was illegal.

Mere statement without backing of credible evidences not justifies addition

March 12, 2020 3414 Views 0 comment Print

Statements recorded during the course of survey proceedings would not have much evidentiary value unless the same were backed by credible evidences. Assessee could not prove the source and nature of transactions, the stated amount was added to the income of the assessee u/s 68 and the original return was processed u/s 143(1) and the only requirement in law to trigger assessment was that AO had certain reasons to believe that certain income escaped assessment in the hands of the assessee.

How to Create Hindu Undivided Family (HUF)

March 12, 2020 109463 Views 12 comments Print

A Hindu Undivided Family can be created by following ways: 1. Blending of individual property with the family Hotchpot 2. Receipts of Gifts 3. Doing Joint labour for the benefit of HUF 4. Inheritance through a specific bequest under a Will 5. Partition of a larger Hindu Undivided Family 6. Reunion of separated coparceners

Assessment and Taxability of Hindu Undivided Family (HUF)

March 12, 2020 169221 Views 1 comment Print

Hindu Undivided Family (HUF)​ ♠ Hindu Undivided Family (‘HUF’) is treated as a ‘person’ under section 2(31) of the Income-tax Act, 1961 (Act). HUF is a separate entity for the purpose of assessment under the Act. ♠ Under Hindu Law, an HUF is a family which consists of all persons lineally descended from a common […]

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