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Incomplete description & mis-classification in automobile parts & accessories

August 22, 2019 1836 Views 0 comment Print

It has been noticed that importers importing motor vehicle parts are misclassifying the automobile parts under wrong CTH and item description is not proper. It has been found from the description/technical name mentioned in the bill of entry that the actual item and its nature is not forthcoming.

Treatment of ITC when by-product Cotton Seed Oil Cake is taxable at 0%

August 22, 2019 20553 Views 0 comment Print

In re M/s Parmod Kumar Singala (GST AAR Rajasthan) 1. What will be the treatment of claiming of Input Tax Credit under Section 16 of the GST Act in regard to by-product Cotton Seed Oil Cake which is taxable at 0%? As per Section 17(2) of GST Act, 2017 the amount of credit shall be […]

Section 245H(1A) Settlement Commissioner can grant further time for payment

August 22, 2019 771 Views 0 comment Print

We find from the provision that the Settlement Commissioner is free to grant further time for payment, under Section 245H(1A) of the Income Tax Act, 1961 5. Having heard the learned senior counsel for the appellant and learned Additional Solicitor General appearing for the respondents, we are of the view that in the facts and circumstances of this case, it is not necessary to relegate the appellant to the Settlement Commissioner for enlargement of time, since the payments have already been made.

Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019

August 21, 2019 28797 Views 2 comments Print

(1) These rules may be called the Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019. (2) They shall come into force on the 1st day of September, 2019.

Issues in Income-tax portal & suggestive remedial measures

August 21, 2019 10701 Views 4 comments Print

Chartered Accountants’ Association Ahmedabad (CAA) has made a representation to CBDT Chairman on issues/glitches in the new Income-tax portal and suggestive remedial measures. They highlighted Issues faced by the taxpayers at present while operating the new portal which requires immediate attention. Full text of their representation is as follows:- Chartered Accountants Association  27th July, 2021 […]

EOU – CST refund when goods cleared in DTA – FTP to prevail over HoP Appendix

August 21, 2019 1779 Views 0 comment Print

M/s. Hubergroup India Private Limited Vs Union of India (Gujarat High Court) Gujarat High Court has allowed a writ petition filed against denial of refund of Central Sales Tax (CST) to an EOU in a case when the inputs procured from the DTA were used in the production of goods cleared in the DTA during […]

Expense on Valuation of Know-How allowable under section 37(1)

August 21, 2019 2064 Views 0 comment Print

M/s. Theis Precision Steel India Private Limited Vs ITO (ITAT Mumbai) From perusal of Section 37 of the Act, we find that all expenditure incurred in the course of business of the assessee is allowable except personal expenditure and capital expenditure. Admittedly, professional fee has been paid for valuation of know-how of business and, therefore, […]

RBI: Processing of e-mandate on cards for recurring transactions

August 21, 2019 1803 Views 0 comment Print

eeping in view the changing payment needs and the requirement to balance the safety and security of card transactions with customer convenience, it has been decided to permit processing of e-mandate on cards for recurring transactions (merchant payments) with AFA during e-mandate registration, modification and revocation, as also for the first transaction, and simple / automatic subsequent successive transactions, subject to conditions listed in the Annex.

GSTAT (Appointment and Conditions of Service of President and Members) Rules, 2019

August 21, 2019 3009 Views 0 comment Print

These rules may be called the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Service of President and Members) Rules, 2019.

Section 50C provisions cannot be applied for section 69B addition

August 20, 2019 7761 Views 0 comment Print

Gayatri Enterprise Vs ITO (Gujarat High Court) Provisions of Section 50C of the Income Tax Act cannot be applied for the purpose of making addition under section 69B of the Act. We fail to understand why section 50C of the Act has been brought into play having regard to the facts of the present case. […]

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