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Addition on the basis of dumb/bald documents not sustainable

May 24, 2018 1881 Views 0 comment Print

This appeal filed by the assessee against the order of the Ld. CIT(A)-XXVI, New Delhi dated 21.8.2017 and pertains to assessment year 2009-10.

Revised foreign exchange earning criteria to be eligible for Duty Credit Scrip

May 24, 2018 1071 Views 0 comment Print

Such service provider should have minimum net free foreign exchange earnings of US$15,000 in year of rendering service to be eligible for Duty Credit Scrip. For Individual Service Providers and sole proprietorship, such minimum net free foreign exchange earnings criteria would be US$10,000 in year of rendering service.

CBIC notifies Customs Audit Regulations, 2018

May 24, 2018 5289 Views 0 comment Print

(1) These regulations may be called the Customs Audit Regulations, 2018. The selection of auditee or the selection of import declarations or export declarations, as the case may be, for the purposes of audit shall primarily be based on risk evaluation through appropriate selectivity criteria.

Reg. ADM Relief for Un-registered period to dealers who obtained Registration late

May 24, 2018 18651 Views 0 comment Print

Earlier, the application for ADM Relief was required to be made manually to the concerned Joint Commissioner. After receipt of the application, consideration of the facts as also the report in this behalf, obtained from the Nodal Officer concerned, the request for ADM Relief was either rejected or granted.

Amount taxed by Settlement Commission in the hands of directors of assessee company cannot be taxed again in assessee’s hands

May 23, 2018 1491 Views 0 comment Print

These Tax Appeals involved two assessees but the facts being closely similar, the Income Tax Appellate Tribunal had dealt with the departments appeals by a common judgment, which is impugned in these Tax Appeals

Benefit of VCES 2013 cannot be denied for mere Technical Defects

May 23, 2018 1623 Views 0 comment Print

Declaration made by the petitioner under the Voluntary Compliance Encouragement Scheme, 2013 has been rejected in terms of the order impugned in the writ petition on the ground that they have not submitted the amended declaration in accordance with the procedure prescribed in Circular No. 170/5/2013-ST dated 8.8.2013. As per the said circular, in a […]

Reassessment merely on the ground of cash deposit and non-filing of return not possible when return was actually been filed

May 23, 2018 2694 Views 0 comment Print

The assessee’s connection is not correct as the information available with this office that the assessee trust has deposited cash of Rs. 33,97,775/- in the Bank Account. Further, if at all any cash transaction has been done that issue will be examined at the time of re-assessment proceedings. A.O. made satisfaction and recorded reason that I have reason to believe that cash deposited in bank by the trust, ought to have brought to has escaped the assessment within the meaning of section 147 of the I.T. Act.

Wealth Tax on land and building which is not used for business purposes

May 23, 2018 1407 Views 0 comment Print

Writ of prohibition restraining the respondents fromgiving effect to the notices issued for assessment dated 22nd May, 1987, notices for penalty dated 4th August, 1987 and notices for launching of prosecution dated 31st July, 1987 all under the Wealth Tax Act, 1957 (Wealth Tax Act); and

Do expeditious adjudication for release of goods detained under GST

May 23, 2018 816 Views 0 comment Print

Ajith A.R. Vs State Tax Officer (Kerala High Court) Petitioner seeks release of the goods detained by the first respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act. 2. It is seen that an identical matter has been disposed of by a […]

Loan waiver cannot be taxed under Section 28(iv)

May 23, 2018 5979 Views 0 comment Print

The alternative submission that the amount of loan written off would be taxable under Section 28(iv) of the Act also came up for consideration before this Court in the matter of Mahindra & Mahindra Ltd. ( supra) and it was held therein that Section 28(iv) of the Act would apply only when a benefit or perquisite is received in kind and has no application where benefit is received in cash or money.

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