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Reach out to exporters with regard to pending IGST refund claims: CBIC

April 13, 2018 1335 Views 0 comment Print

Efforts are on to resolve the errors committed by exporters and ensure transmission of data from GSTN to Customs. I would request all Chief Commissioners to reach out to exporters with regard to pending refund claims with the same spirit displayed during the special drive fortnight and focus on liquidating them at the earliest.

Deemed Dividend applicable if Assessee diverted amount received for procuring Import Licenses for Share purchase

April 12, 2018 1305 Views 0 comment Print

While hearing the case of Commissioner of Income Tax vs M/s Prasidh Leasing Limited, the Delhi High Court ruled that Provisions of Deemed Dividend applicable when Assessee diverted Advance amount received for procuring import licenses for purchase of shares under Section 2(22)(e) of the Income Tax Act 1961.

GST payable on Long Term Lease Premium of Land

April 12, 2018 27456 Views 1 comment Print

Any lease or letting out of a building, including commercial, industrial or residential complex for business, either wholly or partly is a supply of service. It is settled law that such provisions in a taxing statute would have to be read together and harmoniously in order to understand the nature of the levy, the object and purpose of its imposition.

Setting up of Aaykar Sewa Kendras in Pr. CCIT regions in FY 2018-19

April 12, 2018 1032 Views 0 comment Print

Kind reference is invited to the fact that the CBDT has decided to expand the umbrella of its offices having Aayakar Sewa Kendra in F.Y 2018-19 for the purposes of having a more responsive tax administration.

Seizure of goods for not carrying E-way bill before the applicability of the same is illegal

April 12, 2018 9186 Views 0 comment Print

Proactive Plast (P.) Ltd. v. State of U.P. (Allahabad High Court) Rule 138 of the Rules framed under the Central G.S.T. provides that till such time E-Way bill system is developed and approved by the Council, the Government by notification may specify the documents which are to be carried with the consignment of goods. In […]

Naive to say that screen-based trades are anonymous and not synchronised: SC

April 11, 2018 2277 Views 0 comment Print

The Supreme Court has set aside an order of the Securities Appellate Tribunal (SAT) which held that only if there is market impact on account of sham transactions, could there be violation of the Prohibition of Fraudulent and Unfair Trade Practices Regulations.

SC issues interim directions issued regarding method for selection of ITAT Members

April 11, 2018 1650 Views 0 comment Print

Appointment of Tribunal Members under new rules: interim directions issued regarding the method for selection of Tribunal Members and their terms and period of appointment

Re-compute Depreciation as loss on sale of motor car Wrongly debited to P&L account: ITAT

April 11, 2018 4818 Views 0 comment Print

Where assessee claimed loss on sale of motor car, which was wrongly debited to P&L account, but there were other motor cars also existing in block of assets and the said block of asset of motor car had not ceased to exist, therefore, the assessee was entitled to depreciation under section 32 on the block of assets consisting of motor car remaining after crediting sale proceeds of the motor car sold during the year, thus, matter was to be restored to the file of the AO for re-computation of depreciation.

Penalty Order not get vitiated for mere acceptance of appeal by HC in Quantum Proceedings

April 11, 2018 1014 Views 0 comment Print

It cannot be a universal rule that once an appeal from the order of the Tribunal has been admitted in the quantum proceedings by High Court, then, ipso facto the issue is a debatable issue warranting deletion of penalty by the Tribunal.

Reopening after 4 years with approval of DIT instead of JCIT is invalid

April 11, 2018 1719 Views 0 comment Print

Reopening of assessment of A.Y. 2005-06 after expiry of four years without obtaining approval of an officer of the rank of Joint Commissioner was bad in law and even if such approval had been granted, by the officer superior i.e., the DIT, it would not cure the defect.

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