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Delhi HC upholds Constitutional Validity of 2nd proviso to Section 5(1) of PMLA

February 16, 2018 3849 Views 0 comment Print

The Delhi High Court has upheld the constitutional validity of the second proviso to Section 5 (1) of the Prevention of Money-laundering Act, 2002 (PMLA).

Assessee takes GST credit of 16.95 Crore wrongly due to server error

February 16, 2018 9696 Views 1 comment Print

The party vide its letter dated 16.10.2017 (copy enclosed), informed that their eligible ITC credit for the month of July, 2017, was Rs 16,948/ ­ each under CGST and SGST and that while taking credit, the SGST credit, due to server error, was credited in their GSTR 38 of July, 2017, as Rs 16,94,76,948/-. Further, the party has informed that, they have mailed twice to GST help desk for rectification (copy enclosed).

Cessation of liability U/s. 41(1) cannot be presumed, merely because liability remained unpaid for a period of 3 years

February 16, 2018 4929 Views 0 comment Print

Merely on the reasoning that liability in respect of some of the sundry creditors have remained outstanding for about three years the assessing officer has concluded that they have to be treated as income of the assessee in the impugned assessment year as they have ceased to exist as per section 41(1) of the Act.

CBDT releases Digital Signature Certificate (DSC) Policy 2018

February 16, 2018 16152 Views 0 comment Print

As a part of the day to day functioning of the Department, officers are/will be required to issue letters, notices, orders to Income Tax assessees or other addressees within the Department or outside by using digital signature. CBDT has already mandated filing of APAR online through ITBA-HRMS system.

Unutilized Credit of EC and SHE could not be cross-utilized against excise duty or service tax

February 15, 2018 2418 Views 0 comment Print

While hearing the case between Cellular Operators Association of India vs Union of India, the Delhi High Court rejected the claim to allow credit of the unutilized education and higher education cess.

Customs Rate of exchange of foreign currency wef 16.02.2018

February 15, 2018 2223 Views 0 comment Print

Notification No.13/2018-Customs (N.T.) CBEC hereby determines rate of exchange of conversion of each of foreign currencies wef 16.02.2018

Notification No. 12/2018-Customs (N.T.), Dated: 15.02.2018

February 15, 2018 1884 Views 0 comment Print

Notification No. 12/2018-CUSTOMS (N.T.) In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance

Amendment in Table 2 of Appendix 3B FTP 2015-20 to align with ITC(HS) codes 2017

February 15, 2018 1839 Views 0 comment Print

Certain amendments/corrections have been made to Table 2 of Appendix 3B of FTP 2015-20 to align them with the ITC(HS) codes 2017 for exports made w.e.f. 01.01.2017.

Compensation to Retail Individual Investors (RIIs) in an IPO

February 15, 2018 2217 Views 0 comment Print

While the process of Applications Supported By Block Amount (ASBA) has resulted in almost complete elimination of complaints pertaining to refunds, there have been instances where the applicants in an Initial Public Offering have failed to get allotment of specified securities and in the process may have suffered an opportunity loss due to the following factors:

HC releases Vehicle seized due to Expiry of E-Way Bill

February 15, 2018 3876 Views 0 comment Print

Jaspreet Kalra Vs. Union of India (High Court of Uttarakhand) It is the contention of learned senior counsel that the vehicle of the petitioner has been seized by respondent no.3 thereby imposing a penalty of Rs.5,03,125/- equal to the IGST (the tax amount) on the technical ground that the validity of e-way bill had expired […]

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