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Genuineness of activities of Trust cannot be looked into at the time of granting registration U/s. 12AA

January 16, 2019 1197 Views 0 comment Print

Shree Vimalnath Jain Swetamber Mandir Trust Vs CIT (ITAT Raipur) We find that the learned Commissioner (Exemption) has refused registration under section 12AA of the Act to the assessee since donations received were not properly accounted for and also because that the objects of the Trust was for betterment of Jain Community and for benefit […]

Default in issuing Form 16 Salary TDS certificates makes employer liable to prosecution

January 15, 2019 1890 Views 0 comment Print

The petitioner says that he is a senior citizen of 65 years of age and because he is not in possession of Form No.16, he has suffered at the hands of the Department. Let, therefore, the necessary steps be taken in law so that such occurrences are avoided in future.

Service Tax Audit is Primafacie Permissible even under GST Regime

January 15, 2019 4647 Views 1 comment Print

M/s. Gitanjali Vacationville Private Limited & anr. Vs The Union of India & anr. (Calcutta High Court) Audit under Service Tax can continue post GST Section 174 is the repeal and saving provisions. Sub-Section 1 of Section 174 repeals the provisions of the various statutes as mentioned therein. Sub-Section (2) of Section 174 stipulates that, notwithstanding […]

GST on Paintings, Old/Antique jewellery/Cars/watches/Collectibles/Books

January 15, 2019 18804 Views 0 comment Print

In re Safset Agencies Private Ltd (Astaguru.com) (GST AAR Maharashtra) (i) Paintings as described by the applicant will be classifiable under Heading 9701 and the applicant must pay GST of 12% on the sale value. (ii) Old Cars:- Motor Vehicles fall under Heading 8703 of the GST Tariff. All the items under 8703 attract 28% […]

FTP: Govt incorporates a list of 207 items as Technical Textiles

January 15, 2019 1134 Views 0 comment Print

Central Government, hereby incorporates a list of 207 items as Technical Textiles vide Appendix – V of ITC (HS) 2017,Schedule-I (Import Policy).

Office Order No. 9/2019 – Transfer/Posting of ITO Mutual Basis

January 14, 2019 3003 Views 0 comment Print

Office Order No. 09 of 2019- The following transfers/postings in the grade of Income Tax Officers on mutual basis are hereby ordered, as per the table given below, with immediate effect and until further orders:

Penalty cannot be imposed based on Original Return in Section 153A Assessment

January 12, 2019 2985 Views 0 comment Print

M/s OSE Infrastructure Ltd. Vs ACIT (ITAT Delhi) When the revised return is accepted and the income is assessed as per the revised income, there is no scope for penalty. In the case of Kirit Dahyabhai Patel vs ACIT, (2017) 80 Taxmann.com 162 (Guj), the Hon’ble High Court held that in view of specific provision of Section […]

Pre Budget Memorandum 2019-20 by ICAI Cost accounting

January 12, 2019 3282 Views 0 comment Print

TDS Statements are furnished electronically; tax credit appears in payee accounts. Thus issuing of TDS Certificate stipulates an additional procedure that involves time, cost and efforts. The non compliance of issuing of TDS certificates is visited with penalty.

Revision in Criteria for Withdrawal of pending MVAT Assessment Proceeding

January 11, 2019 2130 Views 0 comment Print

Amendment to MVAT Notification-Criteria for Withdrawal of pending Assessment Proceeding,-Criteria as decided by Commissioner FINANCE DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk Mantralaya, Mumbai 400 032, dated the 11th January 2019 NOTIFICATION MAHARASHTRA VALUE ADDED TAX ACT, 2002. No. VAT-1518/CR 23/Taxation-1.— In exercise of the powers conferred by clause (iii) of section 26B of the […]

Return filed cannot be rejected without giving an opportunity to Assessee

January 10, 2019 840 Views 0 comment Print

Zeenath International Supplies Vs CIT (High Court Madras) Sub-Section (9) of Section 139 of the Act is beneficial  provision to the assessee, which provides them an opportunity to rectify the defects. Since  the intention being that the assessment proceedings are an outcome of dialogue and discussion, the Assessing Officer is entitled to clarify all issues by issuing notice to the assessee and calling upon them to produce […]

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