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Recording of satisfaction by AO of “person searched” is a condition precedent for AO of “other person” to acquire jurisdiction

April 14, 2018 2721 Views 0 comment Print

Recording of satisfaction by AO of person searched is a condition precedent for AO of other person to acquire jurisdiction and unless jurisdictional condition is satisfied, there can be no question of making assessment or reassessment in the case of such other person.

Tax in India on salary to employee sent abroad for rendering services to a foreign company

April 14, 2018 16347 Views 0 comment Print

Based on the above facts, Salary paid by the applicant to the assignee, Mr. T.N. Santhosh Kumar in India, is not liable to be taxed in India in FY 2011-12 having regard to the provisions of the Act and the relevant Treaty.

Reopening of assessment maintainable on reasons recorded for reopening

April 14, 2018 2907 Views 0 comment Print

This petition under Article 226 of the Constitution of India is directed against the notice dated 31-3-2017 issued by the respondent-Income Tax Officer under section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act), seeking to reopen the assessment of the petitioner for assessment year 2010-11.

High Seas Sales under GST

April 14, 2018 49794 Views 11 comments Print

High Sea Sales from the point of view of an entity incorporated in India refers to the sale of goods which is made after the goods cross the Custom Barriers of the Foreign Nation but before crossing (entering) the Custom frontiers of India by way of transfer of document of title.

No penalty for Making of claim not sustainable in law unless mens rea established

April 13, 2018 2127 Views 0 comment Print

Mere making of claim, which was not sustainable in law, by itself, did not amount to furnishing of inaccurate particulars, unless mens rea was established, therefore, levy of penalty under section 271(1)(c) was not justified.

No tax on TDR and transfer fees received by housing society from Members

April 13, 2018 4305 Views 0 comment Print

This is an appeal filed by the Revenue against the order of Commissioner (Appeals) for the assessment year 2007-08. 2. The grievance of Revenue relates to deleting addition of Rs. 7,64,271 made by assessing officer on account of transfer fees and addition made on account of premium received by assessee from its members on utilization of Transfer of Development Rights. 3. The rival contentions have been heard and records perused.

Notification No. 32/2018-Customs (N.T.), Dated: 13.04.2018

April 13, 2018 2484 Views 0 comment Print

Notification No. 32/2018-CUSTOMS (N.T.) – Change in Tariff Value of Crude Palm Oil, RBD Palm Oil, Others – Palm Oil, Crude Palmolein, RBD Palmolein, Others – Palmolein, Crude Soyabean Oil, Brass Scrap (All Grades), Poppy Seeds, Areca Nuts, Gold and Silver Notified

Kerala GST Rules interfering with lottery business are Unconstitutional

April 13, 2018 6534 Views 0 comment Print

M/s Teesta Distribution Vs State of Kerala (Kerala High Court) Therefore, the writ petition is disposed with the following directions: (I) Rule 56(20A)(iii)(d) of the Kerala State GST Rules is struck down holding that the State has no legislative competence to formulate such Rule. (II) The challenge to the vires of other Rules is negatived. […]

Loan sourcing fees paid is allowable as revenue expenditure

April 12, 2018 6918 Views 0 comment Print

Brief facts are, the assessee a non–banking finance company (NBFC) is engaged in hire, purchase, finance and loan business. For the assessment year under dispute, the assessee filed its return of income on 31-10-2007, declaring loss of Rs. 12,06,02,070.

E-Way Bill Registration separate from Registration on GST Portal

April 12, 2018 3180 Views 0 comment Print

Yes. All the registered persons under GST need to register on: www.ewaybillgst.gov.in using GSTIN. GSTIN is entered, the system sends an OTP to registered mobile number, registered with GST Portal. After authentication, the system generates username and After generation of username and password, you may proceed to make entries to generate e-way bill.

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