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Amendment in Transitional Provision, 2018: Too Ambiguous….. Grossly unfair

September 20, 2018 1644 Views 0 comment Print

Apparently there appears to be an attempt to shrink the ambit and scope of Transactional Provision and it requires immediate attention considering the wide impact it is going to have on the persons who have rightly availed the CENVAT Credit of the Service tax and bonafidly carried forward with the advent of the GST regime.

HC allows Payment of GST Arrears in Installments 

September 20, 2018 2547 Views 0 comment Print

M/s Indus Projects Limited Vs UOI (Gujarat High Court) 1. Petitioner has to pay GST dues of Rs.3.85 crores (rounded off), for which, due to its financial difficulties, the petitioner has applied to the authority for installments. Such request came to be turned down by the impugned order dated 30.08.2018 without assigning reasons. Counsel for the petitioner submitted that […]

Addition for Bogus Share Capital cannot be made on the basis of mere suspicion

September 20, 2018 1023 Views 0 comment Print

Tribunal, on examination of facts, has come to the conclusion that the investment made by the shareholders is not hit by Section 68 of the Act. It records, that the entire basis of the Revenue’s case is based on surmise that the respondent was taking bogus purchase bills and cash was introduced in the form of share capital without any evidence in support. Therefore, the view taken by the impugned order of the Tribunal on facts is a possible.

Disallowance U/s. 40(a)(i) on Commission payment to non-resident agents without TDS

September 20, 2018 2280 Views 0 comment Print

Where assessee made payment of commission to non-residents outside India for procuring export orders, income of non-resident agents could not be considered to accrue or arise in India and therefore, there was no liability of assessee to deduct tax at source.

To Tax capital Gain from Penny Stocks it is need to be proved that there is a scam and assessee is part of scam

September 20, 2018 7560 Views 0 comment Print

he submission of the assessee that she is just an investor and as she received some tips and she chose to invest based on these market tips and had taken a calculated risk and had gained in the process and that she is not party to the scam etc., has to be controverted by the revenue with evidence.

Casual approach of Revenue in prosecuting its appeals should be stopped: HC

September 20, 2018 849 Views 0 comment Print

PCIT Vs Starflex Sealing India Pvt. Ltd (Bombay High Court) We are pained at this attitude on the part of the State to obtain orders of admission on pure questions of law by not pointing out that an identical question was considered by this Court earlier and dismissed by speaking order. This is not for the first time that […]

Activation of E-com module for SEIS, based on ANF 3B

September 20, 2018 699 Views 0 comment Print

File No.01/61/180/39/AM19.PC-3 Government of India Ministry of Commerce-& Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan, New Delhi Trade Notice No. 33/2018 Dated: 20th September, 2018 To, 1. All Exporters/Members of Trade 2. All Regional Authorities of the Directorate General of Foreign Trade Subject: Activation of E-com module for SEIS, based on ANF 3B […]

Companies (Appointment and Qualification of Directors) Sixth Amendment Rules, 2018

September 20, 2018 3042 Views 0 comment Print

These rules may be called the Companies (Appointment and Qualification of Directors) Sixth Amendment Rules, 2018. They shall come into force from the date of their publication in the Official Gazette.

Companies (Indian Accounting Standards) Second Amendment Rules, 2018

September 20, 2018 3855 Views 0 comment Print

(1) These rules may be called the Companies (Indian Accounting Standards) Second Amendment Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette.

AO & CIT can grant stay on payment of amounts lesser than 15%/ 20%

September 20, 2018 7305 Views 0 comment Print

Hon’ble Supreme Court held that CBDT’s Office Memorandum (‘OM’) dated 29th February, 2016 & 31.07.2017 by which AO’s have been directed to grant stay of disputed demand on payment of 20%/ 15% does not fetter the power of the AO & CIT to grant stay on payment of amounts lesser than 15%/ 20%.

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