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Reassessment for Change of opinion not objected during Assessment- HC dismisses writ petition

May 5, 2019 927 Views 0 comment Print

Firstly, we may observe that the learned Single Judge was absolutely right in holding that the Assessee, having not raised an objection before the Assessing Authority to the re-opening of the assessment under Section 147/148 of the Act, should be deemed to have acquiesced to the same. Nothing prevented the Assessee from raising the objection, which could have been dealt with by the Assessing Authority in accordance with law.

ICAI 49th Campus Placement Programme

May 5, 2019 1128 Views 0 comment Print

The 49th Campus Placement Programme for the newly qualified Chartered Accountants was organised by the Institute during February-March 2019 at 17 centres across the nation. A comparative of the Offers made during the last 3 Campus placement drives is mentioned below.

TDS u/s.194H not deductible on credit card commission retained by banks

May 4, 2019 5730 Views 0 comment Print

ACIT Vs Indian Hotels Company Ltd. (ITAT Delhi) It was the submission of the assessee that credit card commission was out of the realm of section 194H of the Act since there was no principal-agent relationship between the merchant establishment and the bank and, therefore, the provisions relating to tax deduction at source were not […]

Mere use of word agency in agreement not conclusive of relationship between parties

May 4, 2019 798 Views 0 comment Print

Pr. CIT Vs M/s RST India Ltd. (Bombay High Court) It is not disputed that upon termination of the contract, the assessee’s entire business of soliciting freight on behalf of the US based company came to be terminated. It may be that assessee had, other business. Insofar as the question of taxing the receipts arising […]

No GST on extra cigarette packs supplied as part of promotion scheme for consideration

May 4, 2019 2106 Views 0 comment Print

In re Golden Tobacco Limited (GST AAR Maharashtra) The Applicant is seller of Cigarettes, and intends to offer extra quantity of Cigarettes (quantity discount) in addition to normal quantity against same consideration, as a taxable supply to its Distributors from their Depot. As per new marketing strategy devised by the Applicant to promote its brands […]

Discussion Paper on Corporate Liquidation Process along with Draft Regulations

May 3, 2019 1158 Views 0 comment Print

The Insolvency and Bankruptcy Code, 2016 (Code) provides for a market mechanism for rescuing, failing but viable corporate debtors (CDs) and liquidating, failing and unviable ones. There is no precise mathematical formula, however, to identify a CD as an unviable one.

GST on Mounting of Bus/ Truck /Ambulance body on chassis

May 3, 2019 8817 Views 0 comment Print

In re M/s. Sanghi Brothers (Indore) Private Limited (GST AAR Madhya Pradesh) Mounting of Bus/ Truck /Ambulance body on the chassis to be supplied by the Principal on delivery challan or any other owner of the chassis on which Bus/ Truck /Ambulance body will be fabricated by collecting job work charges including inputs required for […]

Reassessment by sending section 148 notice to old address of assessee is invalid

May 3, 2019 3756 Views 0 comment Print

Veena Devi Karnani Vs ITO (Delhi High Court) Rule 127(2) clearly states that the addresses to which a notice or summons or requisition or order or any other communication may be delivered or transmitted shall be either available in the PAN database of the assessee or the address available in the income tax return to […]

Profiteering establishes on increase of base price despite GST Rate reduction

May 2, 2019 900 Views 0 comment Print

Shri Kumudchandra Atmaram Patel Vs M/s TTK Prestige Limited (National Anti-Profiteering Authority) Respondent had increased the base price of the product from Rs. 1,640.62 to Rs. 1,779.66, when the rate of tax was reduced from 28% to 18% with effect from 15.11.2017.Thus, by increasing the base price of the product, post-GST, the benefit of reduction […]

IGST payable on ocean freight paid on imported goods under RCM

May 2, 2019 5628 Views 0 comment Print

In re E-DP Marketing Private Limited (GST AAR Madhya Pradesh) The Applicant shall be liable to pay IGST on ocean freight paid on imported goods under Reverse Charge Mechanism in terms of Notification No.10/2017-IT(R) and Notification No.8/2017-IT(R) irrespective of the ocean freight component having been a part of the CIF value of imported goods. FULL […]

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