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Approach Nodal Officers for GST related grievances: HC

June 2, 2018 3390 Views 0 comment Print

Counsel for Revenue wishes to bring on record copies of Circular No. 39/13/2018-GST dated 03.04.2018 setting up an IT Grievance Redressal Mechanism in form of a Committee.

State Govt. can prescribe documents for goods till e-way bill become applicable: HC

June 2, 2018 681 Views 0 comment Print

Heard Sri Naveen Chandra Gupta, learned counsel for the petitioner, Sri Krishna Agarwal, learned counsel appearing on behalf of respondent no.1 and Sri C.B. Tripathi, learned Special Counsel for the State of U.P.

Section 40A(3) overrides section 145(3) read with section 144

June 2, 2018 5178 Views 0 comment Print

These two appeals, filed by the assessee, being ITA No. 2135/Mum/2013 & I.T.A. No. 4896/Mum/2015 for assessment year 2009- 10 and 2008-09 respectively are directed against two separate appellate orders dated 22.01.2013 and 25-02-2015 respectively passed by learned Commissioner of Income Tax (Appeals)-33

Transfer pricing provisions do not apply to non-genuine or sham transactions

June 2, 2018 2724 Views 0 comment Print

Mitchell Drilling India Private Limited vs. DCIT (ITAT Delhi) It is elementary that the ALP is determined of an `international transaction’, which has been defined in section 92B of the Act. The term `transaction’, for the purposes of the Chapter–X containing transfer pricing provisions, has been defined in clause (v) of section 92F to include an […]

Foreigners also eligible for reward under Benami Transactions Informants Reward Scheme, 2018

June 1, 2018 540 Views 0 comment Print

It was found in many cases that black money was invested in properties in the names of others, even though benefits were enjoyed by the investor concealing his beneficial ownership in his tax returns.

GST revenue collection for May 2018 

June 1, 2018 3774 Views 0 comment Print

The total gross GST revenue collected in the month of May2018 is Rs.  94,016 crore of which CGST is Rs.15,866 crore, SGST is Rs.21,691 crore, IGST is Rs. 49,120crore (including Rs. 24,447 crore collected on imports) and Cess is Rs. 7,339 crore (including Rs.854 crore collected on imports).The total number of GSTR 3B Returns filed for the month of April up to 31st May, 2018 is 62.47 lakh.

Right to avail Cenvat credit at the time of coming out of exemption scheme cannot be curtailed

June 1, 2018 537 Views 0 comment Print

By adopting the principles of harmonious construction and interpretation of rule, I hold that the appellant right to avail the credit at the time of coming out of the exemption scheme cannot be curtailed down by adopting Rule 4(1) of the Cenvat Credit Rules.

Processing fees paid to bank for increase in working capital overdraft facilities is revenue expense

June 1, 2018 1413 Views 0 comment Print

When admittedly there is no capital creation with the loan facilities availed of by the assessee, the working capital overdraft facility cannot be kept under the category of capital expenses, rather working capital overdraft facility is oftenly used to run day-to-day business

No Penalty U/s. 271B if assessee maintained books of account

June 1, 2018 4572 Views 0 comment Print

Whether penalty under section 271B of the Act could be levied in a case where the books of account were maintained by the assessee. The Hon’ble jurisdictional High Court in that case held that where no account has been maintained, section 271B does not get attracted and instead recourse under section 271A can be taken.

Deferring Release of a movie to Avoid Clash with other movie Not an Anti-Competitive Practice: CIC

June 1, 2018 1077 Views 0 comment Print

Shri Kshitiz Arya Vs Viacom18 Media Pvt. Ltd (Competition Commission of India) It is observed that the releasing of a movie is a strategic and tactical business decision taken by the producers. The makers of a film have to consider a lot of factors before releasing the movies for distribution such as market targeting, branding […]

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