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Statutory Repositories under IBBI (Information Utilities) Regulations, 2017

September 7, 2019 825 Views 0 comment Print

IBBI approves MCA 21 database of the Ministry of Corporate Affairs and the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) registry as repositories under regulation 21(2)(c)(ii) of the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017. Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, […]

Section 54F | Holding period | Computation from allotment or possession date

September 7, 2019 3633 Views 0 comment Print

 As allotment of property was final and payment of purchase consideration had been duly made before allotment, therefore, holding period of property had to be computed from the date of allotment, and not from the date of taking delivery of possession which was only a follow-up action.

GST authorities cannot refuse to give copies of document seized unless same affects investigation prejudicially

September 6, 2019 3480 Views 0 comment Print

High Ground Enterprises Ltd Vs UOI (Bombay High Court) Petitioner has sought to question the refusal by the Officers of the DGGI, Mumbai to supply documents to the Petitioner seized by the officers and also sought a direction to the Respondents to hand over copies of the documents seized in January 2019 Petitioner, in the […]

Penalty cannot be levied if addition itself was debatable

September 6, 2019 3882 Views 0 comment Print

Additions in respect of which penalty was confirmed has been accepted by Hon’ble Karnataka High Court, leading to substantial question of law. Thus when Hon’ble High Court admitted substantial question of law on additions, it becomes apparent that issue is certainly debatable. In such circumstances penalty cannot be levied under section 271 (1) (c) of the Act.

Amendment/ Correction in Appendix 3B, Table 2 of MEIS

September 6, 2019 1560 Views 0 comment Print

A correction has been made in the Appendix 3B, Table 2 to align/harmonize it with the ITC HS 2017/ Customs Tariff Schedule and the item entry is removed from the list of items, for which description matching is required to be done by RAs while processing the MEIS applications, as explained in Public Notice 68 […]

Breakwater not Plant & Machinery- ITC not eligible- AAAR

September 6, 2019 1281 Views 0 comment Print

In re  Konkan LNG Private Limited. (GST AAAR Maharashtra) The Maharashtra Appellate Authority confirmed the Maharashtra Advance Ruling Autority Order by holding that  the Appellant is not eligible for taking ITC in terms of section 16  read with section 17  of the MGST ACT / CGST ACT ( CGST/ SGST / IGST ) on construction […]

CBIC rescinds notification No. 11/2018-Customs (ADD), dated 20.3.2018

September 6, 2019 1029 Views 0 comment Print

Seeks to rescind notification No. 11/2018-Customs (ADD), dated 20.3.2018, in pursuance of New Shipper Review final findings issued by DGTR vide Notification No. 35/2019-Customs (ADD) dated: 06th September, 2019. Government of India Ministry of Finance (Department of Revenue) Notification No. 35/2019-Customs (ADD) New Delhi, the 06th September, 2019 G.S.R. (E).- In exercise of the powers conferred […]

Addition for cash deposits only if source of deposits remains unexplained

September 6, 2019 2271 Views 0 comment Print

Addition on account of cash deposits can be made only if the source of the deposits remains unexplained. If, on the other hand, the cash deposits in the bank are from the regular books of account maintained by the assessee, then such transactions cannot be said to be unexplained.

Notification No. 42/2019-Customs (N.T./CAA/DRI), Dated: 06.09.2019

September 6, 2019 1485 Views 0 comment Print

Notification No. 42/2019-Customs (N.T./CAA/DRI), Dated: 06.09.2019 appointment of  common adjudicating authority by Director General, Revenue Intelligence. Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Directorate of Revenue Intelligence Notification No. 42/2019-Customs (N.T./CAA/DRI) New Delhi, dated the 06th September, 2019 S.O. 3245(E).– In pursuance of notification No. 60/2015-Customs (N.T.), […]

No immunity to companies from prosecution for offences for which punishment prescribed is mandatory imprisonment

September 6, 2019 3342 Views 0 comment Print

 We hold that there is no immunity to the companies from prosecution merely because the prosecution is in respect of offences for which the punishment prescribed is mandatory imprisonment.

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