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CBIC reduces Special Additional Excise Duty (SAED) on Diesel to Rs. 6.50 per

December 1, 2022 558 Views 0 comment Print

CBIC reduces Special Additional Excise Duty (SAED) on Diesel to Rs. 6.50 per litre vide Notification No. 41/2022-Central Excise, Dated: 01.12.2022

GST on activity of transportation of coal from mine to railway siding

December 1, 2022 2922 Views 0 comment Print

Whether the at Pakur, till the time the railway siding is made operational at the mine, is an independent activity or part of supply of mining service? Activity of transportation of coal from the mine pit-head to the railway siding is an independent activity.

Levy of Section 220(2A) interest is mandatory despite pendency of dispute before MAP: SC

December 1, 2022 3834 Views 0 comment Print

It is the case on behalf of the petitioner that as the dispute was pending for Mutual Agreement Procedure [MAP] resolution which subsequently came to be culminated in the year 2012 and the liability to pay the tax thereafter arose and therefore the petitioner shall be entitled to the waiver of interest under Section 220(2)(A)(ii) of the Act.

Advocate of accused cannot be permitted to be present in course of his entire interrogation under PMLA

December 1, 2022 4251 Views 0 comment Print

Enforcement Directorate Vs Arijit Chakrabarti (Calcutta High Court) Section 41D of the Code of Criminal Procedure was inserted in the statute by Amending Act 5 of 2009 with effect from 1st November, 2010. The purpose and object of introduction of Section 41D of the Cr. P. C. is to ensure fundamental right of a citizen […]

Depreciation allowed on foreign exchange fluctuation loss on loan for purchase of windmill 

December 1, 2022 1263 Views 0 comment Print

Super Sales India Ltd. Vs DCIT (ITAT Chennai) Assessee has purchased windmill and capitalized the same in its books of accounts. The assessee purchased this machinery indigenously and hence, provisions of section 43A will not apply. But, since the assessee has capitalized and claimed depreciation in spread over years and assessments have become final and […]

CBDT releases draft Common Income Tax Return Form for public consultation

December 1, 2022 1380 Views 0 comment Print

At present, taxpayers are required to furnish their Income-tax Returns in ITR-1 to ITR-7 depending upon the type of person and nature of income. The current ITRs are in the form of designated forms wherein the taxpayer is mandatorily required to go through all the schedules, irrespective of the fact whether that particular schedule is […]

DGFT Clarification prevails over allegation by Customs Department

December 1, 2022 1425 Views 0 comment Print

Explore the CESTAT Ahmedabad decision in Amar Cold Storage’s favor. DGFT clarification on DEPB entry Sr.No.2/66 prevails, reversing Customs Department.

SCN issued to driver not sufficient under GST Act to proceed against appellant

December 1, 2022 939 Views 0 comment Print

Respondent submitted that notice was given to driver of consignment and that is sufficient under GST Act. HC held that show cause notice issued to driver is not adequate

Appellant refrained from filing refund claim by CBIC circular till SC verdict – Period till SC verdict not includible in limitation

December 1, 2022 780 Views 0 comment Print

Variety Lumbers Pvt. Limited Vs Commissioner of Customs (CESTAT Ahmedabad) The refund claim was admittedly not filed within the period of one year as prescribed in paragraph 2 of clause C of Notification No. 102/2007-Cus dated 14.09.2007 and the same stands filed within a period of one year from the date of order of Hon’ble […]

Section 234E Late Fee leviable for TDS Default Post 01-06-2015 Valid

December 1, 2022 765 Views 0 comment Print

Provisions of section 234E of the Act are substantive in nature and the mechanism for computing the late fee was provided by the Parliament only w.e.f. 01.06.2015. Therefore, late fees u/s 234E of the Act can be levied only prospectively w.e.f. 01.06.2015.

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