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GST Advance ruling cannot given on matter not falling U/s. 97(2)

March 8, 2018 1440 Views 0 comment Print

In re M/s Kanj Products Private Limited (GST AAR Uttarakhand) Issue- Applicability of Notification dated 5.10.2017 issued by DIPP, Ministry of Commerce and Industry read with CBEC Circular No. 1060/9/2017-Cx. Dated 27th November 2017. Authority observes that the clarification requested by the applicant on the notification as well circular are not issued under the provisions […]

Substitution of ICSI, ICAI and RBI nominee on NACAS

March 8, 2018 1731 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 210A of the Companies Act, 1956, (1 of 1956), the Central Government hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Corporate Affairs, number S.O. 3118 (E), dated the 3rd October, 2016

Concept of unjust enrichment not applies on export of service

March 7, 2018 4998 Views 0 comment Print

M/s. Western Union Financial Services Inc. Vs. CST (CESTAT Delhi) Appellant is to the effect that for export of service, the concept of unjust enrichment itself will not apply. To support this contention, they relied on various decided cases. The Tribunal in Pulcra Chemicals (India) Pvt. Ltd. (supra), Wienerberger Brick Industries Pvt. Ltd. (supra), Vodafone Cellular Ltd. […]

Assessment u/s. 153A cannot be framed if no incriminating material found during search

March 7, 2018 1659 Views 0 comment Print

Asstt Vs Maruti Clean Coal & Power Ltd. (ITAT Raipur) There is no dispute that no incriminating material has been found at the time of search and therefore it is now settled proposition of law that no assessment u/s. 153A of the Act can be framed in the absence of any incriminating material found at the […]

Certificate U/s. 80G would not automatically lead to exemption from purview of Payment of Bonus Act, 1965

March 7, 2018 1605 Views 0 comment Print

Batra Hospital Employees Union Vs. Batra Hospital & Medical Research (Delhi High Court) It would be hazardous to presume that every organization, which is certified under Section 80-G of the Income Tax Act, would, of necessity, be entitled, ipso facto, to immunity from the applicability of the Payment of Bonus Act. There is substance, in […]

Gift tax not applicable on share transfers or transfer of property to effectuate a settlement

March 7, 2018 2025 Views 0 comment Print

The difference between the market value of the shares and the value of the transfer was held to constitute deemed gift under Section 4 and that amount was brought to tax. The Gawahati High Court found that the transfer was pursuant to a family settlement and stated that the provisions of the Gift Tax Act would not be applicable.

HC held expense on Repair & Maintenance by Rambagh Palace Hotels as Revenue in Nature

March 7, 2018 1686 Views 0 comment Print

The Delhi High Court recently ruled that the repair and maintenance expenditure incurred by a Hotel is revenue expenditure under the Income Tax Act.

Mandatory declaration of GSTIN, IEC & email address of importer in Bills of Lading

March 7, 2018 7578 Views 0 comment Print

Attention of the Members of Trade and Industry, steamers/ Shipping Agents(SA), Port/Terminal Operators and all other persons is invited to the Public Notice No 161/2016, dated 28.11.2016

Procedure for registration of Self Sealing for Electronic Sealing of containerized cargo

March 7, 2018 12879 Views 1 comment Print

Self Sealing Permission and Factory Stuffing Permission obtained by the Exporters are to be registered with the EDI Systems,JNCH and the procedure for registration for Self Sealing of export containers are as follow:

Kerala HC explains What is an error apparent on the face of record

March 7, 2018 34773 Views 0 comment Print

CIT Vs. Younus Kunju (Kerala High Court) It needs no repetition that a judgmental error is not a review able error, nor can it be termed an error on the face of record. Error in reasoning or, for that matter, in applying law to facts is an appeal able error. And that power of appeal […]

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