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Tax rates specified in DTAA in respect of dividend must prevail over DDT

October 14, 2020 5880 Views 0 comment Print

Giesecke & Devrient [India] Pvt Ltd. Vs ACIT (ITAT Delhi) To recapitulate, the DDT is levy on the dividend distributed by the payer company, being an additional tax is covered by the definition of ‘Tax’ as defined u/s 2(43) of the Act which is covered by the charging section 4 of the Act and charging […]

AO cannot reject selection & valuation methods adopted by taxpayer

October 14, 2020 3534 Views 0 comment Print

GSE Commerce Private Ltd. Vs ACIT (ITAT Bangalore) The A.O. was of the view that the shares of the company have been over valued and accordingly asked the assessee to justify the valuation. After considering the explanations of the assessee, the A.O. took the view that the valuation report has been prepared on the basis […]

Interest for Delayed Service Tax refund – From the date of application or date of order?

October 13, 2020 3303 Views 0 comment Print

Scribetech India Healthcare Pvt Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The Bangalore CESTAT ordered for the interest for a delayed refund on the expiry of period of three months from the date of receipt of application, following the decission Supreme Court in the case of Ranbaxy Laboratories Ltd. Section 56 of the CGST […]

P&H High Court granted partial relief for deposit of 25% as pre-deposit

October 13, 2020 2412 Views 0 comment Print

Technimont Pvt. Ltd. Vs State of Punjab (Punjab High Court) On perusal of terms and conditions of contract, documents submitted by petitioner including Form ‘C’ and judgments cited, we are of the opinion that petitioner has prime facie case on merits. The respondent issued Form ‘C’ for all the years in question and in case […]

Procedure to apply for scrips under Scheme for RoSL

October 13, 2020 3828 Views 0 comment Print

The pars 4.01 (d) of the FTP is about the Scheme for RoSL. The Gazette notifications of the Ministry of Textiles about implementation of RoSL. Scheme under scrip mechanism May be referred to for more details. The RoSL scrips shalt be issued only for such old shipping bills Of Scheme for RoSL., for which RoSL amounts could net he disbursed earlier due to budget limitation.

Application procedure & criteria for export of Diagnostic kits

October 13, 2020 501 Views 0 comment Print

I. Export of Diagnostic kits as per the export quota fixed above will be allowed for the period from September, 2020 to November, 2020. II. Exporters (Only Manufacturers) may apply online through DGFT’s ECOM system for Export authorizations (Non-SCOMET Restricted items) – Please refer Trade Notice No. 50 dated 18.03.2019. There is no need to send any hard copy of the application via mail or post.

Validity of reopening based on Survey finding on ineligibility to claim Section 80IA Deduction

October 13, 2020 819 Views 0 comment Print

Validity of Reassessment when Pursuant to survey under section 133A, it was found that deduction under section 80-IA was not available to assessee

Depreciation eligible on goodwill recorded pursuant to a business transfer agreement

October 13, 2020 2244 Views 1 comment Print

DCIT Vs Ebix Software India Pvt. Ltd. (ITAT Delhi) The Assessing Officer has held that the cost of the purchase consideration over the tangible assets is to be treated as payment for the non-compete fees as there was no goodwill with the seller and creation of the goodwill is misleading. The aforesaid finding is based […]

Provisions of RVAT Act, 2003 not applies to RIPS, 2003 prior to 1/7/2017

October 12, 2020 1554 Views 0 comment Print

Submissions were made that the Tax Board came to the conclusion that the department could not exercise powers under Section 26 of the RVAT Act, 2003 as the said power was not available under the RIPS, 2003 and also came to the conclusion on merits of the dispute that the amount of ‘partial exemption received by the assessee’ was not part of ‘payable tax’ and, therefore, basis for raising the demand was also quashed. It was vehemently submitted that the findings on both the issues are incorrect and deserve to be set aside.

Milk with turmeric extracts is classifiable under HSN 0401

October 12, 2020 3147 Views 0 comment Print

Milk fortified with vitamins A and D is classifiable under HSN 0401. The above Explanatory Note further explains that such milk remains classified under HSN 0401 even if a small quantity of items containing anti-oxidant properties are added. The applicant’s product, therefore, remains classifiable under HSN 0401 even after a small quantity of curcuminoids, having ant-oxidant properties, are added, provided the Analysis Report referred to in para 2.1 is accurate. It follows that the product is exempt under Entry No. 25 of the Exemption Notification.

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