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

March 7, 2018 14328 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 38781 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 […]

Variance in Appeal statistics generated in CIT(A) module of ITBA- reg.

March 7, 2018 1536 Views 0 comment Print

Continued variance in Appeal statistics generated in CIT(A) module of ITBA in the Monthly Disposal Report, especially with regard to the opening balance figures as on 01.04.2017 and opening balances for every month is a matter of great concern for the Board.

Amendment in FORM GSTR 4 by Composition taxpayers enabled

March 6, 2018 7602 Views 0 comment Print

Facility to provide details of amendment, in FORM GSTR 4, has now been provided to composition taxpayers.

Business income or capital gains on Purchase & sale of shares- ITAT adopts 30 days theory

March 6, 2018 11064 Views 0 comment Print

Gains arising from purchase and sale of shares which were squared up within 30 days of purchase would be treated as business income and if transactions were squared up after 30 days of purchase of shares same would be treated as capital gains and in the case of business income STT paid would be allowed.

S. 2(22)(e) deemed dividend not applicable on amount received from Subsidiary Co. as part of Regular Business Transactions

March 6, 2018 9534 Views 0 comment Print

CIT Vs. M/s Malayala Manorama Co. Ltd. (Kerala High Court) Amounts under the disputed heads were being received by the Assessee from its Subsidiary Company only as part of regular business transactions, which was being accounted properly. The change in circumstance, as to the distribution of dailies/publications in the Gulf, causing the same to be […]

Service Tax not payable on consideration received due to termination of arrangement

March 6, 2018 4767 Views 0 comment Print

M/s. Ford India Pvt. Ltd. Vs. Commissioner (CESTAT Chennai)  Regarding the tax liability on the consideration received due to termination of the arrangement, we note that no identifiable service can be attributed for such consideration. It is rather a termination of arrangement which itself the original authority held as a service. We note that by […]

Works Contract Composition Scheme can’t be denied to Assessee merely for Failure to file any Intimation

March 6, 2018 1776 Views 0 comment Print

Vaishno Associates Vs. C.C.E. & S.T.-Jaipur (CESTAT Delhi) The activity carried out by the appellant is in the nature of Erection, Commissioning or Installation and for the disputed period i.e. 2008-09 to 2009-10, the activity will also be covered under the category of Works Contract Service (WCS) which was introduced in the statute w.e.f. 01/06/2007. […]

TDS on payment to Carrier under contracts for transporting petroleum products in business is deductible U/s. 194C and not U/s./ 194I

March 6, 2018 6168 Views 0 comment Print

Assessee is obliged to deduct tax on the payment made by it to the Carrier under the contracts for transporting the petroleum products in the business in which the respondent assessee is engaged. On the one hand, it is the case of the appellant Department that the case of the respondent assessee falls under Section 194-I of the Income Tax Act, 1961 . On the other hand, the case of the respondent assessee is that its case falls under Section 1 94C of the Act.

Tax on Sale of mortgaged property in discharge of loan taken

March 6, 2018 15246 Views 0 comment Print

ITO Vs Late Shri B. Kailasam (ITAT Chennai) Since availing a loan itself is consideration and therefore, constructive benefit was very well accrued to the assessee when the loan was availed by the concerned company, which was owned partly by the assessee. Since, the mortgaged property was sold in discharge of the mortgage created by […]

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