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No addition if margin between value  given by assessee & Departmental Valuer was less than 10%

December 21, 2019 3069 Views 0 comment Print

As margin between the value as given by the assessee and the Departmental Valuer was less than 10 percent and the difference is liable to be ignored and the addition made by the lower authorities on this count cannot be sustained

Rent of Director residence allowable if also used for official work

December 20, 2019 21225 Views 1 comment Print

Acuity Holdings Pvt. Ltd. Vs DCIT (ITAT Mumbai) Undisputedly, the subject premise in respect of which the assessee has claimed the rental expenses has been taken on lease by the assessee. Though, in the leave and license agreement, it is mentioned that it has been taken on lease for the use of residence of directors/employees, […]

No Service Tax on VSAT (Very Small Aperture Terminal) fee

December 20, 2019 1170 Views 0 comment Print

Manipal Universal Learning Pvt. Limited Vs The Commissioner of Central Excise (CESTAT Bangalore) Brief issues that require consideration in this case or as to Whether VSAT (Very Small Aperture Terminal) fee (both one-time fee for supply of goods and actual usage charges) charged for supply of VSAT equipment is liable for service tax under “franchise […]

Permit petitioner to file TRAN-1 Forms either electronically or manually: HC

December 20, 2019 840 Views 0 comment Print

Kalpaka Distrbutors Pvt Vs Union of India (Kerala High Court) On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that since it is not in dispute that the petitioner herein did attempt to upload the necessary details in the system maintained by the respondents, […]

Mere Negligence without ill motive / mala fide intent is not Misconduct

December 20, 2019 11568 Views 0 comment Print

In our view, these circumstance, if considered in conjunction with total absence of ill motive, mala fide intent or animus to cause wrongful gain to the importers and the petitioner, lead to a legitimate inference that the act on the part of the petitioner was the result of negligence and carelessness. It falls short of misconduct.

Advance authorization- Para 4.28(f) of FTP-HoP not applicable to cases where export obligation fulfilled

December 20, 2019 2358 Views 0 comment Print

CESTAT Ahmedabad has held that Para 4.28(f) of Handbook of Procedure, 2004-09 relating to regularization of bonafide default by exporters using Advance Authorisations, cannot be applied straight away to normal imports where export obligations have been fulfilled.

CBIC notifies Rate of Exchange of Foreign Currencies wef 20.12.2019

December 19, 2019 1611 Views 0 comment Print

Exchange Rate Notification No. 91/2019-Custom (NT) dated 19.12.2019-Notifying Customs Rate of Exchange of Foreign Currency Conversion w.e.f. 20th December, 2019.

Establishment of Special Courts in Uttarakhand & Ladakh under Company Law

December 19, 2019 750 Views 0 comment Print

Central Government, with the concurrence of the Chief Justices of the High Court of Uttarakhand, Nainital and High Court of Jammu and Kashmir, hereby designates the following Courts mentioned in column (2) of the Tables below as Special Courts, namely:-

Profiteering needs to be computed at the level of each invoice: NAA

December 18, 2019 1227 Views 0 comment Print

We observe that the said provision clearly links profiteering to be a function of each supply of goods or services or both and hence, profiteering needs to be computed at the level of each invoice and not at the entity level or any consolidated level.

DGFT allows submission of self attested Exporter’s copy of Shipping Bill

December 18, 2019 2058 Views 0 comment Print

Para 4.68 (a) of Handbook of Procedures 2015-20 stands amended to allow submission of self attested copy of Exporter’s copy of Shipping Bill in place of E.P. copy of Shipping Bill.

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