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CBEC extend eSANCHIT to all EDI locations on a voluntary basis

February 7, 2018 1296 Views 0 comment Print

It has been decided to extend eSANCHIT to all EDI locations on a voluntary basis. Though this facility would be provided to trade on a voluntary basis, it must be ensured, in preparation for making this facility mandatory, that every Customs broker and self-filer (all ICEGATE users) develops the capability to use eSANCHIT as envisaged in Customs circular 40/2017.

A Budget for the Long Haul

February 7, 2018 1347 Views 0 comment Print

Commentaries on the Union Budget, especially in the English language, can be lop-sided, reflecting interests of a small slice of society. The Union Budget is only one instrument available to Union government and there is no reason why a Budget for 2018-19 should represent a break with what a government has sought to do since 2014.

Applicability of provisions of section 2(22)(e) to Beneficial Shareholder or Registered Shareholder- Supreme Court Ruling in National Travel v CIT

February 7, 2018 13770 Views 2 comments Print

Sec. 2(22)(e) of the Income Tax Act, 1961 (the Act), is one such deeming provision that has remain point of litigation over various issues since its inception. One such issue is applicability of provisions of section 2(22)(e) when a shareholder is beneficial shareholder or registered shareholder.

Deeming provisions of section 292BB not applies to Non-issuance of notice U/s.143(2)

February 6, 2018 2403 Views 0 comment Print

Kamla Devi Sharma Vs ITO (ITAT Jaipur)  Non-issuance of notice under section 143(2) was not a procedural error which could have been corrected in the wake of deeming provisions of section 292BB. Thus, assessment completed under section 143(3) read with section 147 was quashed. FULL TEXT OF THE ITAT JUDGMENT This is an appeal filed […]

Requirement to file return electronically but filed manually- Claim for set-off and carry forward of losses

February 6, 2018 2274 Views 0 comment Print

Income Tax Act, 1961, Section 139(1) Income Tax Act, 1961, Section 80 Return of income–Requirement to file return electronically–Return filed manually–Claim for set-off and carry forward of losses Conclusion: Simply because the assessee could not file the return electronically within the provisions of section 139(1), the benefit of set-off and carry forward of losses could not be denied for the reason that the assessee did file return of income manually within the due date specified under section 139(1).

Deduction u/s. 54F not available on unutilized consideration not deposited in specified accounts before due date

February 6, 2018 2187 Views 0 comment Print

Where assessee sold certain property and utilized a part of the consideration towards purchase of new house, however, failed to deposit unutilized consideration in specified accounts before due date under section 139(1), AO was justified in restricting deduction under section 54F proportionately.

Compounding Fee not become illegal or arbitrary just because it exceeds principal and interest amount

February 6, 2018 8904 Views 0 comment Print

While upholding the compounding guidelines issued by the Central Board of Direct Taxes (CBDT), a division bench of the Delhi High Court held that the amount of compounding fee can be more than the principal amount if there is willful default in the payment of tax on the part of the assessee.

Taxability of Capital gain on Sale of booking rights of flat

February 6, 2018 15654 Views 0 comment Print

Miss Indira Vasanji Shah Vs. DCIT (ITAT Mumbai)  owners of the plot have authorised the developer to take the plot and the moment the assessee has booked the flat and flat has been allotted to the assessee, a valuable right has created. It is a capital asset and that right continued till the assessee entered […]

Custom Duty on import of Chana (Chickpeas) increased to 40%

February 6, 2018 993 Views 0 comment Print

Seeks to increase BCD tariff rate on Chana (Chickpeas), [Tariff item 0713 20 0] from 30% to 40% by invoking section 8A (1) of the Customs Tariff Act, 1975 and accordingly, the effective rate of BCD on Chana (Chickpeas), will also be 40%

CBEC increases import duty on all types of sugar to 100%

February 6, 2018 1098 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) and sub-section (12) of section 3 of Customs Tariff Act, 1975 (51 of 1975)

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