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Section 41(1) cannot be invoked by revenue without showing that such liability had, in fact, ceased to exist

May 23, 2018 1158 Views 0 comment Print

(1) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in deleting the addition of Rs. 23,04,369 by considering the same to be service tax? (2) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in deleting the addition of Rs. 53,600 made under section 40(a)(ia) of the Income Tax Act, 1961?

Clarification on term ‘Duty’ under Sl. No. 3 of Appendix 3A of FTP 2015-2020

May 23, 2018 1938 Views 1 comment Print

It is clarified that the term Duty used in respect of the items listed in Appendix 3A is to be read as Basic Customs duties only and not all Customs duties (including BCD=SAD/IGST)

CBIC increases Custom Duty on shelled Almonds, Wheat & Protein concentrates

May 23, 2018 1293 Views 0 comment Print

Seeks to further amend notification No. 50/2017- Customs dated 30.06.2017 so as to: i. increase basic customs duty (BCD) on shelled Almonds [0802 12 00] from Rs.65/Kg to Rs.100/Kg ii. increase basic customs duty (BCD)on wheat [1001 19 00, 1001 99 10] from present 20% to 30%. iii increase basic customs duty (BCD) on Protein concentrates [2106 10 00] from 10% to 40%.

CBIC increases duty on Walnuts in shell, Protein concentrates & textured protein substances

May 23, 2018 1296 Views 0 comment Print

Seeks to increase tariff rate of basic customs duty (BCD) on Walnuts in shell [0802 31 00 ] from 30% to 100% and increase tariff rate of basic customs duty (BCD) on Protein concentrates and textured protein substances [2106 10 00] from 30% to 40% by invoking section 8A (1) of the Customs Tariff Act, 1975.

Commissioners cannot Transfer / Amend Authorizations without CBIC approval

May 23, 2018 4146 Views 0 comment Print

You are requested to direct the Principal Commissioners/ Commissioners under your jurisdiction to not transfer/amend the authorization without the express approval of the Board. It is reiterated that all Petitions, specifically GST related petitions, should be efficaciously defended by the authorized Commissioners. The contents of this Instruction may also be bought to the notice of concerned field formations under your jurisdiction.

Addition for deemed dividend in Section 153A assessment not sustainable in absence of any incriminating material

May 22, 2018 1239 Views 0 comment Print

hese are the three appeals filed by the revenue for Assessment Year 2007-08 to 2009-10. The assessee has filed cross objections in all these appeals making it a bunch of six appeals. All these six appeals involved common grounds pertaining to the respondent and therefore, they are disposed of by this common order.

Service Providers (and not Ports) are eligible for SFIS/SFIS benefit

May 22, 2018 2337 Views 0 comment Print

DGFT clarifies whether the actual service providers rendering the eligible services should be entitled for the SFIS/SEIS benefits or the aggregator of services (Ports).

ITAT explains how accommodation entries are routed through shell companies as share capital to evade taxes

May 22, 2018 16233 Views 0 comment Print

Shaan Construction P Ltd Vs ITO (ITAT Delhi) ITAT noted that whole exercise carried out by the assessee is simply a devise to introduce unaccounted money through various shell companies in the form of share capital at a premium. The manner of issue of the shares through these companies, the manner of providing confirmation on […]

All about Form GSTR -5A with FAQs and Filing Procedure

May 22, 2018 8178 Views 0 comment Print

GSTR-5A is a Return to be furnished by Online Information and Database Access or Retrieval (OIDAR) services provider to un-registered person or customers, on the GST Portal for the services provided from a place outside India to a person in India, other than a registered person.

Loss from sale of unlisted shares to relative and set off of same against capital gains from sale of Property

May 22, 2018 6468 Views 0 comment Print

This appeal by assessee under section 253 of Income-tax Act is directed against the order of Commissioner (Appeals)-35 Mumbai dated 4th September 2012, which in turn arises from assessment order passed under section 143(3) on 26 December 2008 for assessment year 2006-07. The assessee has raised following grounds of appeal

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