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13 Issues and Suggestions to Implement and Comply with GST Law

September 4, 2019 13299 Views 6 comments Print

Tax Bar Association, Guwahat has made a representation on Compliance with GST Law and issues in maintaining details of HSN/SAC Summary of Supplies, Procedural difficulty in complying with the provisions of Rule 42 of the CGST Rules 2017, Procedural difficulty in complying with the provisions of Rule 43 of the CGST Rules 2017, Procedural difficulty […]

AO not justified in assuming jurisdiction u/s 153C based on documents which does not indicate existence of any unaccounted income

September 4, 2019 1251 Views 0 comment Print

Impugned bank certificate is not an incriminating document based on which the concluded assessment in the case of the assessee can be disturbed. In view of this according to us , we hold that no addition can be made in the hands of the assessee in absence of any incriminating evidence leading to any unaccounted income unearthed during the course of search. 

Section 195(1) & 40(a)(ia) talks about tax deduction where sum is chargeable to tax

September 4, 2019 5085 Views 0 comment Print

Coming to the provisions of section 40(a)(ia) of the Act, the said section also provides that any interest, royalty, fees for technical services or other sum chargeable under this Act on which tax is deductible at source under chapter XVII-B and such tax has not been deducted or after deduction has not been paid on or before the due date specified in section 139(1) of the Act. We therefore find that both the provisions of section 195(1) as well as 40(a)(ia) of the Act talks about deduction of tax at source where the sum is chargeable under this Act.

Duty on RBD Palmolein/Palm Oil import from Malaysia increased by 5%

September 4, 2019 1911 Views 0 comment Print

Seeks to further amend notification no. 53/2011 dated 01.07.2011, to increase the rate of duty of customs by 5 percent, for a period of 180 days, on imports of RBD Palmolein/Palm Oil originating in Malaysia and imported under India-Malaysia Comprehensive Economic Cooperation Agreement, on recommendation of preliminary findings of Directorate General of Trade Remedies under […]

Steering Committee on Fintech related issues submits its Final Report to FM

September 4, 2019 456 Views 0 comment Print

The Steering Committee on Fintech related issues constituted by the Ministry of Finance, Department of Economic Affairs, today submitted its Final Report to Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman in her office in New Delhi.

Govt notifies four individuals as terrorists under Unlawful Activities (Prevention) Act, 1967

September 4, 2019 813 Views 0 comment Print

Declaration of certain individuals as terrorists under the Unlawful Activities (Prevention) Act, 1967 Invoking the recent amendments in the Unlawful Activities (Prevention) Act, 1967, the Central Government has decided to declare the following individuals as terrorists and add their names to Schedule 4 of the Act: 1. Maulana Masood Azhar : chief, founder and key […]

CBDT enters into 26APAs during current Financial Year

September 4, 2019 1029 Views 0 comment Print

CBDT has entered into 26 APAs in the first 5 months of the current financial year (April to August, 2019). With the signing of these APAs, the total number of APAs entered into by the CBDT as of now stand at 297, which includes 32 BAPAs.

Allowance of depreciation on the basis of consistency: BSE Ltd. case

September 3, 2019 873 Views 0 comment Print

We noted that in the very first year i.e. AY 2011-12, the depreciation has already allowed the claim of depreciation. We noted that in the income tax code, there is a provision/ concept of block of asset and once any asset enters into block asset and claim of depreciation in very first year is allowed, in subsequent year the deprecation cannot be disallowed in case the first year is not

Sec. 138 NI Act Proceedings cannot be quashed for mere non service of notice within Statutory Period

September 3, 2019 3213 Views 0 comment Print

Kishore Sharma Vs Sachin Dubey (Supreme Court of India) The present appeal takes exception to the order dated 15th November, 2018 passed by the High Court of Madhya Pradesh, Indore Bench, thereby it allowed the application filed by the respondent for quashing of proceedings instituted against him under Section 138 of the Negotiable Instruments Act, […]

Adjudication of SCNs issued by DRI, DGCEI, SIIB, Preventive etc in light of judgement in case of M/s Mangali Impex -reg.

September 3, 2019 3192 Views 0 comment Print

References have been received in the Board regarding the adjudication of cases wherein the Show Cause notices issued by DRI, DGCEI, SIIB, Preventive etc. pertaining to the duty demand prior to 08.04.2011 were kept in Call book, in light of the order dated 03.05.2016 of the Hon’ble Delhi High Court in the case of M/s Mangali Impex.

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