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Stay of Demand: HC reduces tax deposit to 10% of disputed demand

June 24, 2019 6393 Views 0 comment Print

While praying for stay of demand raised pursuant to the order under Section 143(3) of the Act, the writ-applicant contended that the case was one of high pitched assessment. The writ-applicant also pointed out his poor financial condition. The writ-applicant submitted before the Income Tax Officer that even the deposit of 20% of the total amount was beyond his financial capacity.

Anti-dumping duty on ductile iron pipes import from China extended till 09.10.2019

June 23, 2019 1308 Views 0 comment Print

Seeks to amend notification No. 23/2013-Customs(ADD), dated the 10th October, 2013 to extend the anti-dumping duty on ductile iron pipes originating in, or exported from China PR till 9th October, 2019 SUBSECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 25/2019-Customs (ADD) New Delhi, the 23rd June, 2019 G.S.R.444(E).- Whereas in […]

DTAA cannot be overridden by a unilateral legislative amendment by one Country

June 22, 2019 2445 Views 0 comment Print

Mere amendments in the Act would not over­ride the provisions of Double Tax Avoidance Agreement (DTAA). It was held that: on a final note, India’s change in position to the OECD Commentary cannot be a fact that influences the interpretation of the words defining royalty as they stand today.

Statement recorded during inquiry/investigation- voluntary statement?

June 22, 2019 4161 Views 0 comment Print

High Court held that statement recorded during inquiry/investigation may have been recorded under compulsion and the same cannot be said to be voluntary statement.

Lackadaisical attitude in effective redressal of taxpayer grievance- Criticised by CBDT

June 21, 2019 1119 Views 0 comment Print

Inspite of all these efforts by the Board it is seen that the total number of pending grievances on CPGRAMS as on 20.06.20 19 is 2647 out of which 885 grievances are pending for more than 30 days. Likewise 34026 cases of e-Nivaran are still pending for resolution. These figures are a cause of serious concern and point to a lackadaisical attitude in the effective redressal of the grievance by the concerned authority.

Extend due date of GSTR 9, GSTR 9A, GSTR 9C to 31.10.2019: ICAI

June 21, 2019 1545 Views 0 comment Print

ICAI has made a Request for extension of Last Date for filing of Annual returns in Form GSTR 9 and GSTR 9A alongwith GST Audit Certificate in GSTR 9C from June 30, 2019 to October 31, 2019 to Smt. Nirmala Sitharaman, Hon’ble Union Minister for Finance and Corporate Affairs & Chairperson, GST Council ICAI/IDTC/2019-20/REP/6 19th June, 2019 Smt. Nirmala Sitharaman Hon’ble Union […]

Section 195- Withholding Tax- Royalty- Levy of Surcharge & cess

June 21, 2019 9444 Views 0 comment Print

M/s. Wipro Limited Vs ACIT (ITAT Bangalore) In this case relief was allowed by learned CIT (A) in respect of levy of surcharge and cess by directing the AO that surcharge and cess should be levied only in the cases where the non resident vendors are residents of countries with which DTAA allows withholding rate […]

Dream 11 fantasy sports is not Gambling and is a game of skill; 18% GST Payable: HC

June 20, 2019 28893 Views 0 comment Print

Gurdeep Singh Sachar Vs Union of India (Bombay High Court) In the instant case, admittedly, there is no dispute that the amounts pooled in the escrow account is an ‘actionable claim’, as the same is to be distributed amongst the winning participating members as per the outcome of a game. But, as held hereinabove since […]

Genuine exporters would continue to get their IGST refunds: CBIC

June 20, 2019 7752 Views 1 comment Print

Some newspapers have today highlighted a perceived set-back to the automated process of refunds for exporters under GST on account of the introduction of manual checks to curb large scale frauds in IGST refunds. These news items regrettably create a misleading impression that genuine exporters would suffer on account of the newly introduced verification process.

Repatriation by foreign companies – does it trigger indirect transfer provisions?

June 20, 2019 8187 Views 0 comment Print

Tax provisions on Indirect share transfers applies not only to transfer of shares but also to other corporate events such as buy-back, capital reduction, redemption, dividend in kind, etc. by foreign entities. 

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