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Taxation of non-compete fees

May 27, 2019 40908 Views 1 comment Print

In the era of globalisation, the world of Mergers & Acquisitions is witnessing rapid growth and the race amongst corporates to expand organically and inorganically is seeing significant momentum across the globe. Strategies that focus on core businesses or diversify into new businesses and markets, or even hive-off non-core businesses, are gaining momentum. This endeavour […]

Expenditure on improvements on leasehold premises is capital expenditure

May 27, 2019 32163 Views 0 comment Print

In other words, the amount so incurred would be capitalized entitling the assessee to depreciation as per the eligible rate. The learned Members of the ITAT held that the facts of the instant case precisely fall within the ambit of Explanation 1 to section 32 and upheld the impugned order treating such amount as capital expenditure, eligible for depreciation.

SC denies bail in Circular Trading / Fraudulent GST ITC Claim case

May 27, 2019 9693 Views 0 comment Print

Supreme Court has upheld Telangana High Court judgment in the case of P.V. Ramana Reddy Vs Union of India & Ors. that held that a person can be arrested by the competent authority in cases of Goods and Service Tax (GST) evasion.

Notification No. 22/2019-Customs (N.T./CAA/DRI), Dated: 27.05/2019

May 27, 2019 1137 Views 0 comment Print

Notification No. 22/2019-Customs (N.T./CAA/DRI) Principal Director General, Revenue Intelligence, hereby appoints officers mentioned in column (5) of the Table below to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on officers mentioned in column (4) of the said Table in respect of noticee(s) mentioned in column (2) of the said Table for the purpose of adjudication of show cause notice(s) mentioned in column (3) of the said Table, namely:-

Commissioner only can extend time to file revised Form GST TRAN-1: HC

May 27, 2019 954 Views 0 comment Print

As per Rule 120A of the CGST Rules, 2017 application for extending the time period for submitting the revised FORM GST TRAN-1 electronically has to be extended by the Commissioner and not by any other subordinate authority.

No Service tax on Transferrable development right: CESTAT Chandigarh

May 26, 2019 16464 Views 0 comment Print

DLF Commercial Projects Corporations Vs Commissioner of Service Tax (CESTAT Chandigarh) CESTAT held that Transferrable development right is immovable property, therefore, the transfer of development rights in the case in hand is termed as immovable property in terms of Section 3 (26) of General Clauses Act, 1897 and no service tax is payable as per […]

Kerala Flood Cess Rules, 2019

May 25, 2019 18270 Views 1 comment Print

Kerala Flood Cess shall be levied on intra-state supplies of goods or services or both made by a taxable person to an unregistered person in respect of supplies specified in the TABLE under sub-clause (2) of clause 14 of the Kerala. Finance Bill, 2019:

Kerala imposes Kerala Flood Cess with effect from 1st June 2019

May 25, 2019 14385 Views 3 comments Print

Government of Kerala hereby appoint the 1st day of June, 2019 as the date with effect from which the cess under the said clause shall be levied and collected.

Section 148 notice without Approval of Competent Authority is invalid

May 25, 2019 2544 Views 0 comment Print

ITO Vs Kuber Fertilizers Pvt. Ltd. (ITAT Delhi) There is no dispute that the notice u/s 148 was issued to the assessee in respect of assessment years, beyond the period of four years from the end of the relevant assessment years as contemplated under the proviso to sub section (1) of Section 151 of the […]

Software purchased across the counter as shrink proof software is not akin to royalty

May 25, 2019 1251 Views 0 comment Print

It was held that where the software is purchased across the counter as shrink proof software, then it is not akin to royalty both under the Income Tax Act or the DTAA. The Tribunal held that since the definition of ‘royalty’ has not been amended under DTAA,

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