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Continuous efforts being made to simplify GST system: Finance Secretary

July 6, 2018 483 Views 0 comment Print

Jul 06, 2018 Continuous efforts being made to simplify GST system: Finance Secretary Hasmukh Adhia -Work on to make GST refund process fully automatic FICCI GST Survey: 76% respondents say GST had a positive impact on their business  NEW DELHI, 6 July 2018: Finance Secretary Dr. Hasmukh Adhia today said that continuous efforts are being made […]

Directorate General of Safeguards re-named as Directorate General of Anti-profiteering

July 6, 2018 2091 Views 0 comment Print

CBIC amends Rule 125, 129, 130,131 and 132 and renamed ‘Directorate General of Safeguards’ as ‘Directorate General of Anti-profiteering’ under Central Goods and Services Tax Rules, 2017 vide Notification No. 29/2018–Central Tax dated 6th July, 2018.

2 year limitation period u/s 263(2) runs from date of original assessment and not from the date of reassessment

July 6, 2018 2094 Views 0 comment Print

This intra-court appeal is directed against an order dated 28.08.2017, wherein and whereby a learned single Judge of this Court had dismissed a writ petition in which a notice  dated 16.08.2017, issued by the Commissioner of Income Tax, under Section 263 of Income Tax Act, 1961, was assailed. To be noted, order of the learned single Judge is a common order in two writ petitions, but this judgment deals with the order in W.P.No.22978 of 2017 alone. 

Section 263 cannot be invoked unless CIT himself made relevant enquiries and determines order to be erroneous

July 6, 2018 1866 Views 0 comment Print

M/s. Indus Best Hospitality & Realtors Pvt. Ltd. Vs PR. CIT (ITAT Mumbai) We have considered rival contentions and carefully gone through the orders of the authorities below and found from record that CIT has invoked his power u/s.263 to examine the land development charges paid by the assessee to Smt. Sumitraben Chauhan. From the […]

Section 12A Registration to Convent- HC refers matter back to CIT

July 6, 2018 1170 Views 0 comment Print

In the present case, the Commissioner does not speak of absence of a written constitution. The appellant also asserts that the constitution of the Generalate regulates the Houses also, which come under the Generalate. The Tribunal also found that the appellant comes under the exclusive control of the Generalate through the hierarchies as disclosed from the constitution and there could be no separate registration granted to the Convent.

Furnish compilation of judgments on reassessment to ACIT: HC direct Counsel

July 6, 2018 603 Views 0 comment Print

HC held that Before parting, we have to note that we have come across series of orders passed by the same Assistant Commissioner wherein reassessment proceedings are initiated after the period of four years and the reasons supplied and the actions taken are not in consonance with the settled law. We request the learned Standing Counsel to supply compilation of the above referred judgments to the concerned Commissioner.

Export authorisation / license by DGFT for export of SCOMET items

July 6, 2018 1290 Views 0 comment Print

During an interaction of Director General of Foreign Trade with the major exporters of dual use SCOMET items on 30th May 2018, industry representatives requested that DGFT may consider the issue of SCOMET export authorisations from DGFT (Hqrs) itself to avoid delay in grant of export authorisations

Non-Chargeability of Interest U/s. 234C leviable on Cash was Seized after the Expiry of Previous Year

July 6, 2018 1530 Views 0 comment Print

With regard to interest u/s 234C of the Act , it is levied for deferment of payment of advance tax for the period of 01.04.2010 to 31.03.2011. In the instant case, since, the cash was seized after the expiry of the previous year i.e. after 31.03.2011, the assessee cannot claim non-chargeability of interest u/s 234C on that account. Hence, interest u/s 234C of the Act is leviable in this case.

In case of Loan, bank rate of country of currency should be adopted for TP ALP calculation

July 6, 2018 1452 Views 0 comment Print

Action of the assessee in adopting the bank rate prevailing in Australia is correct and the AO erred in adopting the Indian bank rate. The loan amount was given in Australian currency and as per the promissory note the AE has to return the amount in Australian Dollar. Therefore, applying the ratio laid by the Hon’ble High Courts discussed above, we hold that there was no necessity of any arm’s length adjustment in this case

Non-Competent Fee paid is Intangible Asset- Depreciation allowable

July 6, 2018 1122 Views 0 comment Print

ITAT held that non-compete fee paid is an intangible asset acquired by the assessee on which depreciation has to be allowed u/s. 32(1)(ii) of the act.

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