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Allocation of additional quantity of 303 MT for export of raw sugar to USA under Tariff Rate Quota (TRQ) for the Fiscal Year 2021

November 23, 2021 753 Views 0 comment Print

Additional quantity of 303 MT of raw sugar, for export to USA, under TRQ, upto 31.12.2021, has been notified vide Public Notice No. 39/2015-2020 – DGFT Dated: 23rd November, 2021. MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF FOREIGN TRADE) New Delhi Public Notice No. 39/2015-2020 – DGFT | Dated: 23rd November, […]

Amendment to section 36(1)(va)/43B imposing liability on Assessee applicable from 01.04.2021

November 23, 2021 3114 Views 0 comment Print

Navrathan Jewellers Pvt. Ltd. Vs ADIT (ITAT Bangalore) Explanatory memorandum to the Finance Act, 2021 proposing amendment in section 36(1)(va) as well as section 43B is applicable only from 01.04.2021. These provisions impose a liability on an assessee and therefore cannot be construed as applicable with retrospective effect unless the legislature specifically says so. In […]

Section 54F exemption cannot be denied merely for purchase of property by HUF in members name

November 23, 2021 3861 Views 0 comment Print

PCIT Vs Vaidya Panalalmanilal (HUF) (Gujarat High Court) The materials on record would suggest that there was no dispute at the hands of the Revenue that the sale consideration arising out of the sale of the capital asset was used for acquisition of a new asset and that such newly acquired asset was also shown […]

Interference with finding of fact not warranted if it involves re-appreciation of evidence: HC

November 23, 2021 1359 Views 0 comment Print

PCIT Vs Shailja Pasricha (Delhi High Court) Assessing Officer had in fact invoked Section 50C of the Act claiming that the sale consideration of Rs. 18 Crores received by the respondent was below the Circle Rate. This was clearly ignoring the fact that the sale consideration was in fact Rs. 35 Crores. The CIT(A) and […]

ITAT denies Section 54F exemption on 3 properties situated in different parts of City

November 23, 2021 1017 Views 0 comment Print

Rakesh Garg Vs ITO (ITAT Jaipur) As per the details of the three properties in which the assessee has claimed to have invested sale consideration of the land in question, only one property i.e. at sl. no. 1 of the list reproduced in para ‘6’ above is a constructed house and two others are only […]

CIT cannot assume section 263 Jurisdiction merely for not agreeing with View of AO

November 23, 2021 1416 Views 0 comment Print

PCIT Vs Bangiya Gramin Vikash Bank (Calcutta High Court) The short issue which falls for consideration is whether the exercise of jurisdiction by the Commissioner of Income Tax-14 (Kolkata) (CIT) under Section 263 of the Act was just and proper. The Tribunal considered the factual position and noted that the CIT was of the opinion […]

CESTAT Order allowing refund of CESS attains finality if not challenged by Revenue

November 23, 2021 1068 Views 0 comment Print

Insecticides India Ltd. Vs Commissioner of C G & S T, Jammu (CESTAT Chandigarh) It is an admitted fact that earlier orders of this Tribunal have been accepted by the Revenue and no appeal has been filed against those orders. In the absence of any challenge to the orders of this Tribunal, the adjudicating authority […]

GST evasion of Rs.1069 Cr detected by Raigad, Pune & Meerut Units

November 23, 2021 1581 Views 0 comment Print

Raigad CGST Commissionerate had reported detection of GST evasion, based on data analytics, by wrong availment of ITC to the tune of Rs.100.75 crores in respect of Cess under the GST (Compensation to States) Act, 2017 in contravention of Section 17 (2) of the CGST Act, 2017.

Deduction/Non-deduction of TDS in SCSS accounts in post offices

November 22, 2021 10110 Views 0 comment Print

i. Whenever the SCSS account holder submits form 15G/15H, the concerned post office shall ensure that the details in customers CIF and SCSS account as prescribed in the table below. ii. All CBS post offices shall ensure that all form 15G/15H already received are updated in Finacle, as TDS deduction is based on the information available in CIF and Account level.

GST on sale of developed land

November 22, 2021 5793 Views 0 comment Print

In re Bhopal Smart City Development Corporation Ltd (GST AAR Madhya Pradesh) Q1) whether GST is applicable on sale of developed plot of land for which consideration is received before the issuance of completion certificate ( if any), under the following facts:- a. The sale of plot is after carrying out the development activities oi […]

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