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Mere appeal pendency in HC not preclude Tribunal’s power of rectification

February 5, 2019 894 Views 1 comment Print

Shambhubhai Mahadev Ahir Vs ITAT (Gujarat High Court) 1. The petitioner has challenged the decision of the Income Tax Appellate Tribunal recalling an earlier order in exercise of powers for rectification. 2. Brief facts are as under: Petitioner is an individual. Petitioner was subjected to search on 11.10.2006 pursuant to which, the petitioner was required […]

No reduction in tax rate -Anti-profiteering provisions on supply of Jockey Shorts not attracted

February 4, 2019 465 Views 0 comment Print

Kerala State Screening Committee on Anti-profiteering Vs M/s Sudarsans (National Anti-Profiteering Authority) There was no reduction in the rate of tax on the (Jockey Shorts US 56 M ASSTD) w.e.f. 01.07.2017, hence the anti-profiteering provisions contained in Section 171 (1) of the CGST Act, 2017 are not attracted. Hence, we do not find any merit […]

Assessee Intention during purchase of shares is paramount to determine Tax Liability

February 4, 2019 978 Views 5 comments Print

ACIT Vs Shri Finance (ITAT Delhi) Quantum or total number of transactions may not be determinative but in a given case, keeping in view the period of holding may indicate intention to make investment. We also find that CBDT Circular no. 6 dated 29.02.2016 also comes to the aid of the assessee wherein it has […]

NCLAT approves Revised Resolution Plan for Binani Cement by UltraTech Cement

February 4, 2019 1830 Views 0 comment Print

Binani Industries Limited Vs Bank of Baroda & Anr. (NCLAT, Delhi) In exercise of powers conferred by Section 31 of the ‘I&B Code’ read with order of remand by the Hon’ble Supreme Court, we have gone through the records, revised ‘Resolution Plan’ submitted by ‘Ultratech Cement Limited, gist of which noticed earlier and being satisfied […]

Interest for delayed filing of GSTR-3B returns on cash and ITC

February 4, 2019 61524 Views 2 comments Print

GST- Interest liability U/ Sec. 50 of CGSTA/SGSTA on account of the delayed filing of GSTR-3B returns – Interest liable to be paid both on the cash and the ITC component of the tax paid after the due date prescribed – Recovery of such interest as clearly recoverable arrears

Portfolio Management Fees allowable as an expenditure

February 2, 2019 13326 Views 0 comment Print

Shyam Sunder Duggal Vs ACIT (ITAT Mumbai) The only grievance of the assessee is that the Ld.CIT (A) has wrongly confirmed the addition of Rs. 7,77,000/- made by the AO by making disallowance of fees paid to Portfolio Managers. As is clear from the record that the assessee paid Rs. 7,77,744/- to PMS providers and […]

CBIC amends 5 GST Circular due to amendment in CGST Act wef 01.02.2019

February 1, 2019 26292 Views 0 comment Print

Consequent to the GST Amendment Acts, the following circulars issued earlier under the CGST Act, 2017 are hereby amended with effect from 01.02.2019, to the extent detailed in the succeeding paragraphs.

FCRA: AIIB, NDB & EBRD not to be treated as international organisations

February 1, 2019 582 Views 0 comment Print

Foreign Contribution (Regulation) Act, 2010 – Central Government hereby specifies that the following international organisations shall not be treated as ‘foreign source’ (i) Asian Infrastructure Investment Bank (AIIB) (ii) New Development Bank (NDB) (iii) European Bank for Reconstruction and Development (EBRD)

RBI Ombudsman Scheme for Digital Transactions, 2019

January 31, 2019 2223 Views 0 comment Print

 RESERVE BANK OF INDIA The Reserve Bank introduces Ombudsman Scheme for Digital Transactions As announced in the Monetary Policy Statement of December 5, 2018, the Reserve Bank of India (RBI) today launched the Ombudsman Scheme for Digital Transactions (OSDT) vide Notification dated January 31, 2019 for redressal of complaints against System Participants as defined in […]

Export Policy for Export of bio fuels from EOU/ SEZ / DTA Reg.

January 31, 2019 516 Views 0 comment Print

Trade and industry are informed that export of bio fuels for non-fuel purposes from EOU/SEZ will be regulated as under:- (i) The export would be in accordance of the para 6.01 of FTP for EOU and / or Rule 26 of SEZ Rules, 2006 (for SEZ units);

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