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MCA amended Companies (Cost Records and Audit) Amendment Rules

December 2, 2019 3135 Views 0 comment Print

MCA amended Companies (Cost Records and Audit) Amendment Rules due to implementation of GST, other procedural changes and consequent revision of connected forms i.e. CRA-1 and CRA-3 Posted On: 02 DEC 2019 3:12PM by PIB Delhi The Ministry of Corporate Affairs (MCA) vide Notification No. G.S.R. 792 (E) dated 15.10.2019 has amended the Companies (Cost […]

No profiteering if No reduction in Tax Rate post-GST period and in absence of additional ITC benefit

December 2, 2019 933 Views 0 comment Print

No profiteering found in Sanjay Devan Vs Vatika Ltd. case. DGAP reports no ITC benefit or tax rate reduction. Section 171 not applicable.

Supplies made to SEZ from DTA units shall be treated as export

December 2, 2019 1656 Views 0 comment Print

For the period from 10-2-2006, the definition of the term ‘export’ under the Customs Act is not consistent with the definition of the term ‘export’ under the SEZ Act. However, the definition of the term ‘export’ under the SEZ Act shall prevail over the definition of term ‘export’ under the Customs Act. Therefore, supplies made to SEZ from DTA units shall be treated as export.

STTG certificate issued by Railways -Service Tax Refund can be claimed

December 2, 2019 2799 Views 0 comment Print

Indian Oil Corporation Ltd. Vs Commissioner of Central Excise & S. Tax (CESTAT Kolakata) Vide Notification No. 26/2014-C.E. (N.T.), dated 27-8-2014 – In the CENVAT Credit Rules, 2004, in rule 9, in sub-rule (1), after clause (f), the following clause shall be inserted, namely “(fa) a Service Tax Certificate for Transportation of goods by Rail […]

Section 153A | Unabated Assessment | No incriminating documents | No Addition

December 2, 2019 3888 Views 0 comment Print

In case of unabated assessment under section 153A(1)(b), unless such assessment was based upon incriminating documents seized/impounded during the course of search, no addition could be made under section 153A.

Two services billes seprately cannot be merged merely for levy of Service Tax

December 1, 2019 2676 Views 0 comment Print

Synergy Baxi Logistics Pvt Ltd. Vs CCE (CESTAT Delhi) It is held that if the two services are billed separately then there is no question of including them together for computation of taxable value for payment of service tax. It can be seen from the above reproduced clarification given by the Board that in 2002 […]

Depreciation cannot be allowed on non-existing / Impaired asset

December 1, 2019 5883 Views 0 comment Print

Aramark India Pvt. Ltd. vs DCIT (ITAT Mumbai) case discusses the disallowance of depreciation on goodwill, citing non-existing asset and lack of enduring benefit.

Penalty u/s 271(1)(c) not valid in absence of proper record of satisfaction

December 1, 2019 2769 Views 0 comment Print

PCIT Vs Goa Coastal Resorts and Recreation Pvt. Ltd. (Bombay High Court) Notice which is issued to the assessee must indicate whether the Assessing Officer is satisfied that the case of the assessee involves concealment of particulars of income or furnishing of inaccurate particulars of income or both, with clarity. If the notice is issued […]

Deploy e-Form PAS-6 & Clarify on due date of e-Form PAS-6: ICSI

November 30, 2019 3156 Views 0 comment Print

We request you to arrange to deploy the e-form PAS -6 at the MCA website or issue clarification that for the half year ending September 30, 2019, the period of sixty days for filing of e-form PAS-6 would start from the date of deployment of said e-Form.

Adhoc disallowance of expenses not justified without pointing any defects

November 30, 2019 11823 Views 0 comment Print

No enquiries were conducted by the AO/learned CIT(A) even during appellate/remand proceedings . The books of accounts were not rejected by authorities below nor any defect is pointed out by the AO/learned CIT(A) in the books of accounts maintained by the assessee. There is no allegation by Revenue that the assessee claimed any bogus expenses or any attempt is made to defraud Revenue. Under these circumstances keeping in view factual matrix of the case, we are of the considered view that aforesaid adhoc disallowance of expenses under various heads of expenses to the tune of 10% of the total expenses incurred by the assessee under these heads of expenses is not warranted

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