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Sales bogus if investee is a penny stock company, with no credentials, and the sale rates artificially hiked, with no real buyers

March 5, 2020 1266 Views 0 comment Print

(a) The scrip is a penny stock, purchased at a low price, which is over a period of time ramped up by operators acting in benami names or name lenders. The purchases are off market purchases, and not reported on the exchange; (b) purchase/s is back dated, i.e., per a back dated contract note, paid for in cash, so that there is no trail; (c) the purchases are in the physical form, and dematerialized only subsequently; generally long after the purchase date, being back dated and, further, close to the date of sale; and (d) The investee is a penny stock company, with no credentials, and the sale rates artificially hiked, with no real buyers, so that inference of the sales being bogus, is unmistakable.

Distinction between government and non-government railways- Common parlance meaning should be adopted- CESTST

March 5, 2020 2202 Views 0 comment Print

NMC Industries Pvt Ltd Vs Commissioner of Service Tax (CESTAT Mumbai) We are unable to comprehend the resort to Railways Act, 1989 for a broader understanding of expression ‘railways’ in the absence of permissible referral in section 65(105)(zzzza) or (zzp), or, for that matter, anywhere in section 65, of Finance Act, 1994. In the absence […]

Import of ‘Punnets’ as packing material for export of grapes

March 5, 2020 927 Views 0 comment Print

It was stated by the Board that the punnets imported for re-export of grapes may be extended the benefit of Notification No. 104/94-Customs dated 16.03.94 subject to the condition that they are re-exported as provided in the Notification.

NAA directs builder to Pass ITC benefit to Buyers

March 4, 2020 1266 Views 0 comment Print

It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the extent of 4.04% of the turnover during the period from 01.07.2017 to 31.03.2019 and hence the provisions of Section 171 of the CGST Act, 2017 have been contravened by the Respondent as he has not passed on the above benefit to his customers by commensurate reduction in the prices of the flats.

SOP to Download digital copy of Pension Payment Order from Digilocker

March 4, 2020 7110 Views 0 comment Print

With reference to the context cited above, EPFO has collaborated with NISD and has made available the digital version of the Pension Payment Order (PPO) for the Pensioners of Employees’ Pension Scheme at Digilocker Portal for the benefit of the stakeholders.

Guidelines on handling of claims reported under Corona Virus

March 4, 2020 1071 Views 0 comment Print

All claims reported under corona virus shall be handled as per the following norms. i) Where hospitalization is covered in a product, insurers shall ensure that the cases related to Corona virus disease (COVID-19) shall be expeditiously handled.

Draft SIA 150 Compliance With Laws and Regulations

March 4, 2020 1224 Views 0 comment Print

Compliance is a key concept in Internal Audit and this Standard seeks to clarify both, the concept and the responsibility of the Internal Auditor, Management and other Stakeholders, with respect to Compliance with Laws and Regulations (CLR), in line with their professional obligations.

CBDT notifies DTAA with Brunei Darussalam

March 4, 2020 2166 Views 0 comment Print

MINISTRY OF FINANCE (Department of Revenue) Notification No. 14/2020  New Delhi, the 4th March, 2020 S.O. 1009(E).—Whereas, an Agreement between the Government of the Republic of India and the Government of Brunei Darussalam for the exchange of information and assistance in collection with respect of taxes (hereinafter referred to as the said Agreement) as set […]

No disallowance for payment to related parties without demonstrating that payment made was excessive and unreasonable

March 3, 2020 4353 Views 0 comment Print

Even though assessee had made payments to related parties, yet in view of fact that there was no material on record to demonstrate that payment made was excessive and unreasonable having regard to market rate, disallowance made under section 40A(2) by AO was to be deleted.

GST Appellate Authority can condone delay of upto 30 days only

March 3, 2020 1887 Views 0 comment Print

In re the Deputy Conservator of Forests (GST AAAR Karnataka) It is evident that GST Appellate Authority being a creature of the statue is empowered to condone a delay of only a period of 30 days after the expiry of the initial period for filing appeal. As far as the language of Section 100 of […]

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