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Partner not liable to pay service Tax on Share of Profit & Remuneration from Partnership Firm

March 9, 2022 12207 Views 1 comment Print

Gautam Bhattacharya Vs Commissioner of Central Tax (CESTAT Bangalore) Brief facts of the case are that the appellants are the partners of partnership firm namely M/s. Ernst & Young, LLP. The appellants had filed their income tax returns showing components such as ‘sale of services’, against which partners have shown certain amount received from the […]

RBI Guidelines on Issue of Preference Shares/ Debt Capital Instruments for UCBs

March 8, 2022 7302 Views 0 comment Print

Reserve Bank of India RBI/2021-22/179 DOR.CAP.REC.92/09.18.201/2021-22 March 08, 2022 The Chief Executive Officer All Primary (Urban) Co-operative Banks Madam / Dear Sir, Issue and regulation of share capital and securities – Primary (Urban) Co-operative Banks The Banking Regulation (Amendment) Act, 2020 (No. 39 of 2020), notified in the Gazette of India on September 29, 2020 […]

Date of Possession of Flat to be taken for Section 54F exemption

March 8, 2022 3699 Views 0 comment Print

Shri Yogesh Jhingan Vs DCIT (Central) (ITAT Indore) Since the addition in the instant appeal crops out of the issue referred above pertaining to A.Y. 2008-09, we will have to examine the correctness of the claim made by the assessee u/s 54F of the Act for A.Y. 2008-09. As far as sale of land is […]

Section 14A disallowance cannot be added to net profit for computing book profits U/s. 115JB

March 8, 2022 2028 Views 0 comment Print

Karnataka State Industrial And Infrastructure Development Corporation Ltd. Vs DCIT (Karnataka High Court) This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been preferred by the assessee. The subject matter of the appeal pertains to the Assessment Year 2008-09. The appeal was admitted by […]

Poultry crate classifiable under Chapter 39231090

March 8, 2022 4047 Views 0 comment Print

In re Nilkamal Limited (GST AAR Maharashtra) The impugned product i.e. poultry crate is an article of plastic. It is used for the conveyance of poultry and from a reading of para 5.5.2 above it is clear that the said product is clearly covered under sub heading 392310 of the Tariff. However it is seen […]

Valid Revocable Trust can not be assessed as AOP 

March 7, 2022 2433 Views 0 comment Print

ITO Vs Arcil Asset Reconstruction Fund II Trust (ITAT Mumbai) ITAT held that appellant was revocable Trust, the provisions of Section 61 to 63 of Income Tax Act, 1961 were applicable and the assessee could not be assessed as AOP. The income was to be taxed in the hands of the SR holders. Since the […]

Govt amends import policy conditions of Drosophila melanogaster

March 7, 2022 2427 Views 0 comment Print

The Import of only ‘Drosophila melanogaster’ under ITC (HS) 01069000 is ‘Free’ subject to IBSC approval, as per the provisions of the ‘Revised Simplified Procedures/ Guidelines on Import, Export and Exchange of GE organisms and products thereof for R&D purpose’ notified by the Department of Biotechnology vide OM No. BT/BS/17/635/2015-PID dated 17.01.2020. The import of […]

Passing of fraudulent ITC by creating bogus firms- HC grants bail to accused

March 7, 2022 2055 Views 0 comment Print

Mohsin Salimbhai Qureshi Vs State of Gujarat (Gujarat High Court) Present Bail application was filed by, the present applicant, who was allegedly found indulged in receiving and passing of fraudulent ITC to their buyers by way of creating a chain of bogus firms, without physical receipt and supply of goods. HC observed that Section 132(1)(i) […]

Modus Operandi & Precautions to be taken against Fraudulent Transactions – Banks

March 7, 2022 7203 Views 0 comment Print

The Reserve Bank has today released a booklet, BE(A)WARE on the common modus operandi used by fraudsters and precautions to be taken while carrying out various financial transactions.

Geomembrane is classified at HSN 5911 & Tarpaulin at HSN 3926

March 7, 2022 4065 Views 0 comment Print

In re Texel Industries Ltd. (GST AAR Gujarat) Whether the product, namely, Geomembranes merits classification under Heading 5911, Sub Heading 59111000 or Sub Heading 59119090, as Textile products, coated, covered or laminated with plastic, used for technical purposes? Geomembrane is classified at HSN 5911, tariff item 59111000. 2. Whether woven Tarpaulin manufactured by M/s. Texel […]

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