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Accommodation entry: Reassessment based on mere inquiry in case of 3rd party not justified

November 27, 2017 5436 Views 0 comment Print

M/s Sharmilee Furnishing P. Ltd Vs. I.T.O (ITAT Delhi) There is no dispute to the fact that the department conducted inquiry in the case of third party where the name of the assessee was also written to have received accommodation entry and accordingly, the AO reached to a conclusion while recording reasons that the income of the assessee has escaped assessment and it is a fit case for initiation of proceedings u/s 148 of the Act and the case was selected for scrutiny and assessment was made by making necessary additions.

Budgetary support under GST to unit enjoying Excise exemption prior to 01.07.2017

November 27, 2017 10827 Views 0 comment Print

Procedure for manual disbursal of budgetary support under Goods and Service Tax Regime to the units located in States of Jammu & Kashmir, Uttarakhand, Himachal Pradesh and North East including Sikkim.

SC held provisions of Section 45(1) of PMLA provision Imposing Twin Condition for granting Bail as unconstitutional

November 27, 2017 3660 Views 0 comment Print

SC held that Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India.

Guideline for Drawing of samples for grant of drawback

November 27, 2017 1995 Views 0 comment Print

Since drawback payment is subject to finalisation of case after receipt of test report of samples, monitoring on regular basis at senior level should be undertaken so that samples are drawn only where necessary and the cases are closed in a timely manner and not later than thirty days from date of let export. Customs may draw samples in case of any specific intelligence or doubt of misuse, fraud, etc.

CBEC amends Notification No. 56/2000-Customs, dated 5th May, 2000

November 27, 2017 5118 Views 0 comment Print

Notification No. 90/2017-Customs CBEC hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 56/2000-Customs, dated the 5th May, 2000, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R. 399 (E), dated the 5th May, 2000, namely:-

Prohibition on export of Red Sanders wood in log form relaxed

November 27, 2017 1152 Views 0 comment Print

Prohibition on export of Red Sanders wood in log form has been relaxed for export of 186.588 MTs of Red Sanders wood, in log form, through State Government of Karnataka.

Petition changing linking of Aadhaar with PAN withdrawn as issue already been decided by SC

November 27, 2017 2874 Views 0 comment Print

Supreme Court questioned the maintainability of the petition filed by CPI Leader in which he challenged the provisions of section 139AA of the Income Tax Act,1961 which mandates linking of Aadhaar with PAN number for filing income tax returns (ITR). The petition was later withdrawn by the counsel appeared on behalf of the petitioner. Supreme Court […]

74 Latest FAQs on GST as replied by GOI twitter handle

November 27, 2017 32289 Views 6 comments Print

Question No. 1: I am restaurant owner and also have supply of some other services worth Rs. 1 lakh. Am I eligible for Composition scheme ? Answer: No. Please refer to Section 10 of CGST Act. Question No. 2: Challan for Job work in farm ITC-04 needs to be filed by 25th of next quarter. […]

CIT (Appeal) cannot introduce in the Assessment a new source of income

November 26, 2017 5700 Views 0 comment Print

It is not open to the Appellate Commissioner to introduce in the Assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment.

Registration U/s. 12AA(3) cannot be made before date of introduction of Sec. 12AA(3)

November 26, 2017 1644 Views 0 comment Print

U.P. Distillers Association Vs. CIT (Delhi High Court) In this case Assessee urged that, in any event, the cancellation could not have been from inception but only from the date Parliament amended Section 12AA, i.e. from 01.10.2004. HC  held that  that the cancellation of registration in this case could have related back only from the […]

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