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Last date of filing FCRA Annual Returns for FY 2017-18 extended

December 29, 2018 3057 Views 0 comment Print

Extension of last date of filing mandatory online Annual Returns for The FY 2017-18 under The Foreign Contribution (Regulation) Act, 2010 from 31.12.2018 to 31.03.2019

LTCG on shares cannot be treated as Bogus on mere alleged share price rigging

December 26, 2018 2970 Views 0 comment Print

ITO Vs Shri Suresh Chand Gupta (ITAT Kolkata) On the basis of evidences filed by assessee its claim was to be allowed where income in question was a bona fide long-term capital gains arising from sale of shares and hence, exempt from tax as there was no material indicating assessee’s nexus with alleged share price rigging. FULL […]

Section 2(22)(e): ITAT restricts overall addition to amount of loan

December 24, 2018 1047 Views 0 comment Print

Hence it would be an appropriate analogy that the entire amount which is liable to be treated as deemed dividend has to be apportioned between both the shareholders in whose cases the conditions stipulated for attracting the provisions of Section 2(22)(e) of the Act are satisfied. Therefore as pleaded by the Ld.AR, it would be judicious to make addition in the hands of Shri V. Ramesh an amount of Rs.26,84,902/- and Shri S. Ramu – Rs.26,84,901/-. It is ordered accordingly.

Geared Motors fall under Tariff Heading 8501: GST AAR Maharashtra

December 24, 2018 1302 Views 0 comment Print

In re Premium Transmission Private Limited (GST AAR Maharashtra) From the harmonious reading of Section notes 4 and 5 to Section XVI and the inclusion Note in 8501 and the exclusion Note in heading 8483 referred to above, the ‘ geared motors’ being a combination of machines that is Electric Motors and Gear Box intended […]

Zero GST on Supply of printed Educational books specified by education dept.

December 24, 2018 54801 Views 0 comment Print

 In re M/s Shri Ashok Chaturvedi (GST AAR Chhattisgarh) Supply of specified printed Educational books by CHHATTISGARH TEXT BOOK CORPORATION as per the instructions of School Education Department CG [Loksikshan Sanchnalay] or as per instruction of various agencies of school Education Department CG such as Rajiv Gandhi Siksha Mission/SCERT/ office of District Education officer etc. […]

AO cannot reject transaction value declared in Bills of Entry without giving reasons: SC

December 22, 2018 5859 Views 0 comment Print

Commissioner Of Central Excise And Service Tax Vs M/S. Sanjivani Non-Ferrous Trading Pvt. Ltd. (Supreme Court of India) Original Authority in its Order-in-Original dated 25/03/2015 passed comments on the ground of writ petition and did not properly examine the evidence available with the department required to be examined for enhancement of assessable value. Further, we […]

Verify Authenticity of Certificates issued by CAs under UDIN: SBI

December 22, 2018 10389 Views 0 comment Print

State Bank of India has issued a Circular on 18th December 2018 and asked all managers of its Branches to verify Authenticity Of Financial Documents/ Certificates Issued/Certified By Chartered Accountants(CAs) Under ICAI’s Unique Document Identification Number (UDIN) on https://udin.icai.org/?mode=login. Relevant Text of the Circular is as follows:- Circular No.: CCO/CPPD-ADV/136/2018 – 19 Date: Tue 18 Dec 2018 […]

AAR cannot admit application where question raised is already pending or decided

December 21, 2018 813 Views 0 comment Print

In re Ashok Rubber Industries (GST AAR West Bangal) 1st proviso to section 98(2) prohibits this Authority from admitting any application where the question raised is already pending or decided in any proceedings in the case of the applicant under any provisions of the GST Act. It does not distinguish between stages or nature of […]

Bombay HC allows Parellel GST Proceedings in Two States 

December 21, 2018 1743 Views 0 comment Print

Shafi Khan Khokhar Vs State of Maharashtra & Ors. (Bombay High Court) High Court upholds jurisdiction of Mumbai CGST Commissionerate even in case where parallel proceedings were commenced in Jaipur Facts: During the period of dispute, the assessee, an individual, was subjected to enquiry proceedings under CGST Act, initiated by the Commissionerate at Mumbai. He […]

GST payable on freight charges recovered from customers without issuance of consignment note

December 19, 2018 11358 Views 0 comment Print

In re Siemens Limited (GST AAR Maharashtra) Question:-1. Whether the freight charges recovered by the Applicant under the aforesaid contract from the customer without issuance of consignment note will be eligible for exemption from CGST as prescribed in Serial no. 18 of Notification no. 12/2017 – Central Tax Rate F. No. 334/1/2017, dated 28 June […]

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