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CBDT notifies countries & specified territories for Sec. 9A(3)(b)

August 3, 2017 1773 Views 0 comment Print

S.O. 2456(E).—In exercise of the powers conferred by clause (b) of sub-section (3) of section 9A of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies the following countries and specified territories, mentioned in column (2) of the Table given below, for the purposes of the said section, namely:

Notification No. 77/2017-Income Tax dated 3rd August 2017

August 3, 2017 6828 Views 0 comment Print

In exercise of the powers conferred by the proviso to sub-section (3) of section 9A of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that the conditions specified in clauses (e), (f) and (g) of said sub-section shall not apply in case of an investment fund set up by a Category-I or Category-II foreign portfolio investor

Second Amendment to IRDAI’s (Payment of commission, remuneration or reward to insurance agent or insurance intermediaries) Regulations, 2016

August 3, 2017 18714 Views 1 comment Print

Attention is drawn to IRDAI’s (Payment of commission, remuneration or reward to insurance agent or insurance intermediaries) Regulations, 2016 notified on 14th December, 2016 in the official gazette.

Order No. 13/2017: Modification in designations of CBDT Members

August 3, 2017 1941 Views 0 comment Print

ORDER No. 131 of 2017 With the approval of the Competent Authority, the designations of Members in the CBDT are, hereby, modified as under with immediate effect and until further orders:-

Assessee can raise additional claim at Appellate stage without filing Revised Return

August 3, 2017 2544 Views 0 comment Print

Assessee is entitled to raise not merely additional legal submissions before the Appellate Authorities but is also entitled to raise additional claims. The Appellate Authorities have jurisdiction to deal with additional grounds, which were available when the return was filed.

Tribunal cannot condone delay in filing Miscellaneous Application

August 3, 2017 2628 Views 0 comment Print

The Tribunal has been given power to admit an appeal after the expiry of the relevant period, if it is satisfied that there was sufficient cause for not presenting it within that period as per Section 253(5). However, this Tribunal is not enshrined with such powers in respect of a miscellaneous petition filed u/s 254(2) of the Income Tax Act. If we are not given that power, then it is not expected from us to exercise such power which is not provided in the Act.

Consideration for use of Intellectual Property – terms critical for “royalty taxation”

August 3, 2017 1746 Views 1 comment Print

Since the inclusion of royalty as a form of income attracting deemed taxation, by the Finance Act 1976, the gradually expanding ambit of this definition, have led to seemingly incessant tax controversies on the subject. Divergent views by the Indian tax courts on characterization of remittances to non-residents for usage of software, exploitation of intellectual property rights denied certainty in interpretation of the simultaneously evolving tax provisions.

Prosecution under PMLA cannot be dropped for Acquittal by ICAI Disciplinary Committee

August 2, 2017 1245 Views 0 comment Print

The findings of the Disciplinary Committee by no stretch of imagination can be said to be binding on the criminal court where the accusation is to be proved on the basis of evidence adduced before it in accordance with law. Moreover, the findings do not render the substratum of accusation of conspiracy between the petitioner and the other accused persons in extending unjustified financial assistance to the borrowers in the instant case patently absurd or inherently improbable

Charter of Functions of Directorate General of GST

August 2, 2017 2601 Views 0 comment Print

Charter of Functions assigned to Directorate General of Goods and Service Tax on introduction of Goods and Services Tax. Research and analysis of (a) Subjects relevant to GST; (b) Best practices in global environment; (c) Database and issues relating to collection of CGST, IGST and SGST.

Implementation of GST in Customs-Changes in S/B Declaration-reg

August 2, 2017 1719 Views 0 comment Print

In respect of the cases where export goods had been cleared from factory, warehouse, etc. prior to 1.7.2017 but let export order has not been issued before 1.7.2017. Such goods are not supplies under GST and accordingly, said Note and Condition 12A is not applicable.

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