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CBI arrests Mumbai CIT & 5 others in alleged bribery case & recovers Rs. 1.50 crore

May 4, 2017 22269 Views 5 comments Print

The Central Bureau of Investigation has arrested a Commissioner of Income Tax (Appeals-30), Mumbai (An IRS Officer of 1992 Batch) and five others including MD of a Group of Companies based at Mumbai; Accounts Officer of said private company; a Chartered Accountant; a Real Estate Trade Agent & his relative (private person) in an alleged bribery case.

State cannot Ban Production of Extra Neutral Alcohol: Patna HC

May 3, 2017 2277 Views 0 comment Print

1. Challenging the constitutional validity of certain provisions under the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the Prohibition Act‘), these writ petitions have been filed and the reliefs claimed are to declare Section 2(40) (ii), Section 13, Section 23 and Section 24(1) of the Prohibition Act as ultra vires to the […]

No Service Tax on Service provided by Club to its Members

May 3, 2017 5364 Views 1 comment Print

There are no operative legislative provisions of the Act legitimising the levy and collection of service tax from the appellants, for providing Club or association service, in so far as these relate to any services provided to members of these appellants.

No Penalty if Quantum Appeal been decided in favour of Assessee

May 3, 2017 3432 Views 0 comment Print

Since the very basis for levy and upholding of penalty under section 271C of the Act by the authorities below for assessment years 2000- 01 and 2002-03 to 2004- 05 does not survive, the orders levying/upholding the aforesaid penalty are not sustainable.

Interest cannot be disallowed without proving utilisation for non-business purposes

May 2, 2017 1491 Views 0 comment Print

In our considered view, without proving the nexus between the borrowed funds and its utilisation for non-business purposes, no dis allowance of interest expenditure can be made.

At registration stage CIT not supposed to examine Nature of Activities

May 2, 2017 2112 Views 0 comment Print

CIT (E), while considering an application for registration under Section 12AA, is not supposed to examine whether applicant is entitled for certain exemptions under Section 11 or 12 or not since that is within the jurisdiction of Assessing Authority and not CIT (E).

CBEC Launches Prosecution Management Module

May 2, 2017 1635 Views 0 comment Print

Presently, Prosecution Management Module (PMM) is designed to capture prosecution data pertaining to Central Excise and Service Tax Soon, it would be expanded to include Customs also.

Section 80HHC deduction not available on Sales Tax

May 2, 2017 1629 Views 0 comment Print

In K.H. Shoes Ltd v. ACIT, the division bench of the Madras High Court held that the Refund of Sales Tax received by the assessee is not deductible under section 80HHC of the Income Tax Act when such income has no direct nexus with his Export Business.

Contractual Workers eligible for benefits under Maternity Benefits Act

May 2, 2017 6042 Views 0 comment Print

Maternity leave does not change with the nature of employment. It is concerned with human right of a women and the employer and the Courts are bound under the constitutional scheme guaranteeing right to life, a right to live with dignity and protect the health of both mother and child

Export obligation under EPCG and Advance Authorisation Schemes reg.

May 2, 2017 6591 Views 0 comment Print

I am directed to invite your attention to para 2(d) of Circular No. 5/2010-Cus dated 16.03.2010 directing initiation of action to safeguard revenue in case of non-submission of Export Obligation Discharge Certificate within the time period stipulated in the relevant Customs notifications. These directions have been reiterated in para 7 (iii) of Instruction dated 18th January, 2011.

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