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Unique Document Identification Number (UDIN) for Practising CAs

July 10, 2018 87747 Views 3 comments Print

UDIN: An Advanced Solution for Document Verification-  Unique Document Identification Number (UDIN) is a unique number which is to be generated for every document certified /attested by practicing Chartered Accountants and will be registered with UDIN Portal at https://udinical.org (with effect from 1st July, 2018). UDIN aims to address the concern of documents/certificates issued by […]

Cenvat Credit eligible on CA Service for preparation of review petition before anti-dumping authorities

July 9, 2018 807 Views 0 comment Print

M/s. Venus Wire Industries Pvt. Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Mumbai) In this case, the U.S. Department of Commerce and European Commission issued notices to the assessee for levying anti-dumping duty on the goods exported by it. For the purpose of effective participation before the anti-dumping authorities, the appellant had […]

Exemption U/s. 11 not available if Trust Gifts its property to Unregistered Trust

July 9, 2018 3042 Views 0 comment Print

DDIT Vs M/s. Paramasiva Naidu Muthuvel Raj Education Trust (ITAT Chennai) It is also an undisputed fact that during relevant assessment year, the land had been made available to M/s. PMR Bangaru Subbammal Educational Trust, which is a Trust that does not have registration u/s.12AA of the Act. It is also an undisputed fact that […]

Cenvat Credit eligible on ST paid on product liability insurance / Director Sitting Fees

July 9, 2018 1911 Views 0 comment Print

M/s. Rane Brake Lining Ltd. Vs Commissioner of GST & Central Excise Puducherry (CESTAT Chennai) The first issue that arises for consideration is whether the appellant is eligible for credit of the service tax (ST) paid on product liability insurance. The department has denied the same on the ground that it is post-manufacturing activity and […]

Mushrooms are fungus and Income from production & sale of Mushrooms is ‘agricultural income’

July 9, 2018 29391 Views 0 comment Print

DCIT  Vs. Inventaa Industries Private Limited (ITAT Hyderabad Special Bench) Mushrooms are fungus which are produced from spawn and not plants or crops and hence not agriculture. They are grown in trays of prepared soil in climate controlled rooms for commercial. We cannot restrict the word “product” to ‘plants’, ‘fruits’, ‘vegetables’ or such botanical life […]

HC grants Bail to Person accused of GST Evasion by issuing Fake Invoices

July 9, 2018 8346 Views 0 comment Print

Petitioner Shri Sanjay Kumar Bhuwalka and Neeraj Jain were arrested on 12.05.2018 due to their involvement in the business of generating and selling of fake tax invoices to various entities without supplying the underlying goods or services, thereby facilitating irregular availment and utilization of input tax credit by such entities to whom such fake invoices were issued.

Acceptance of any copy of Shipping Bill in lieu of EP copy of Shipping Bill-Reg.

July 9, 2018 5085 Views 0 comment Print

It has been decided that exporter shall have option to furnish self-certified copy of any copy of shipping bill i.e. Exporter copy/EP Copy/CHA copy/ Exchange Control Copy of shipping bill along with application for EODC in ANF-4F where exports were made on or after 23.11.2016

S. 271(1)(c) Notice issued by AO without specifying grounds of penalty is not valid

July 9, 2018 3675 Views 0 comment Print

Where AO had issued the notice of penalty without specifying the grounds of the same, imposition of penalty was unjustified, because this being a mandatory requirement could not be construed as a mere technical error.

No Penalty for Offering income under capital gain instead of Business head under bonafide impression

July 9, 2018 1359 Views 0 comment Print

Challenging the order,dated 18/12/2015,of the CIT(A)-28 Mumbai the Assessing Officer (AO)has filed the present appeal.Assessee-firm,a builder and developer,filed its return of income on 25/09/2010,declaring total income of Rs.6.29 crores.The AO completed the assessment on 23/12/2011,determining the total income of the assessee at Rs.7.40 crores.

Amount paid as R&D Cess to Government is allowable as deduction irrespective of ALP

July 9, 2018 1752 Views 0 comment Print

otwithstanding the fact that the TPO determined nil ALP of royalty payment and franchisee fee, the amount paid as R&D Cess on these payments has to be allowed as deduction since it is a statutory payment to the Government.

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