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Much needed clarification on Removal of restriction of refund of accumulated ITC on fabrics

August 24, 2018 16317 Views 1 comment Print

In the 28th GST Council meeting, it was decided to remove the restriction of not allowing refund of ITC accumulated on account of inverted duty structure on fabrics with prospective effect on the input supplies received after the date of issue of notification.

Advisory to taxpayers for filing refund application under GST-RFD-01A

August 24, 2018 4578 Views 0 comment Print

Advisory to taxpayers for filing refund application under GST-RFD-01A: 1. Refund application can be filed using refund application form GST-RFD-01A. 2. Refund application filing for multiple tax period is available for the below ground of refunds: – Export of Goods and Services – Without payment of Tax

Bogus purchases- Entire purchases cannot be added to total income of assessee

August 24, 2018 3729 Views 0 comment Print

These appeals are filed by the Revenue and cross objections by assessee against the orders of the Ld. Commissioner of Income Tax (Appeals)- 21, Mumbai dated 16.06.2016 for the Assessment Years 2009-10 and 2012-13.

31000% increase in share value can be suspicious but cannot be evidence

August 24, 2018 4665 Views 0 comment Print

The AO further relies on the shop increase of 31000% of the value of shares over the period of 2 years. Though this is highly suspicious, it cannot take the place of evidence. The Hon’ble Supreme Court has stated that suspicion however strong cannot be the basis for making an addition.

No disallowance of sundry trade creditors if profit was determined on estimated basis

August 24, 2018 1905 Views 0 comment Print

M/s Aditya Enterprise Vs ITO (ITAT Kolkata) In the instant case, the profit was determined on estimated basis due to the fact that assessee failed to produce books of account during the assessment. Once then profit has been determined on estimated basis then in our considered view no disallowance can be made on account of […]

No Penalty u/s 271(1)(c) if two legal interpretations were possible and Assessee acted in bonafide manner

August 24, 2018 2544 Views 0 comment Print

M/s Inspectorate Singapore Pte. Ltd.  Vs ADIT (ITAT Delhi) Assessee was under the belief that due to the ‘make available’ Clause in Article 12 (4) (b) of India Singapore DTAA, the consideration paid by the Indian customers to assessee cannot be regarded as ‘fees for technical services’ and further since there was no transfer of technology […]

No TDS required to be deducted U/s 194H on bank guarantee commission

August 24, 2018 1365 Views 0 comment Print

ITAT had held that there is no principal-agent relationship between the bank issuing the bank guaranee of the assessee. The ITAT Mumbai Bench had further noted that while it is termed as |guarantee commission|, the same is not in the nature of commission

Declaration of Fugitive Economic Offenders (Forms and Manner of Filing Application) Rules, 2018

August 24, 2018 876 Views 0 comment Print

G.S.R. 805(E).—In exercise of the powers conferred by clause (a) of sub-section (2) of section 23 of the Fugitive Economic Offenders Act, 2018 (17 of 2018) and in supersession of the Fugitive Economic Offenders (Application for Declaration of Fugitive Economic Offender) Rules, 2018, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely

Notification No. 42/2018-Customs (ADD) Dated: 24.08.201

August 24, 2018 1137 Views 0 comment Print

Seeks to provide for provisional assessment of jute goods exported from Bangladesh by M/s Aziz Fibres Limited, Bangladesh (Producer/ Exporter) till the final findings of New Shipper Review in this regard are recieved vide  Notification No. 42/2018-Customs (ADD) dated: 24th August, 2018. MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 24th August, 2018 […]

Notification No. 41/2018-Customs (ADD) Dated: 24.08.2018

August 24, 2018 1113 Views 0 comment Print

Seeks to provide for provisional assessment of jute goods exported from Bangladesh by M/s. Natore Jute Mills, Bangladesh (Producer) and M/s PNP Jute Trading LLC,USA (Exporter/ Trader) till the final findings of New Shipper Review in this regard are recieved vide  Notification No. 41/2018-Customs (ADD) dated: 24th August, 2018. MINISTRY OF FINANCE (Department of Revenue) […]

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