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Refund of tax under unconstitutional provision of statute will be outside the scope and purview of such enactment

March 27, 2019 2595 Views 0 comment Print

Casa Grande Co-Operative Housing Vs Commissioner of CGST (CESTAT Mumbai) When any provision in the statute has been held to be unconstitutional, refund of tax under such statute will be outside the scope and purview of such enactment and under such circumstances, refund can be claimed by way of a suit or by way of a […]

HC allowed deduction U/s. 10AA as new unit was not formed by transferring any machinery or plant previously used

March 27, 2019 3858 Views 0 comment Print

Pr. CIT Vs. Macquarie Global Services Pvt. Ltd.  (Delhi High Court) The respondent-assessee had set up a new unit in Special Economic Zone (SEZ) income from which was claimed as exempt under Section 10AA of the Act for a period of ten years commencing from the Assessment Year 2010-11. Exemption was allowed in the Assessment […]

Notification No. 14/2019-Customs (N.T./CAA/DRI), Dated: 27.03.2019

March 27, 2019 624 Views 0 comment Print

Notification No. 14/2019-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

Company law not Stipulate any period for completion of Serious Fraud Investigation

March 27, 2019 2112 Views 0 comment Print

SFIO Vs Rahul Modi (Supreme Court of India) 1. Leave granted. 2. These Appeals challenge the correctness of the common interim order dated 20.12.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Crl.) Nos.3842 and 3843 of 2018. 3. In exercise of powers conferred by Section 212(1)(c) of the Companies […]

Income arising out of trading of commodities at unrecognized stock exchange amounts to speculation income

March 26, 2019 2256 Views 0 comment Print

Ms. Edelweiss Capital Ltd. Vs DCIT (ITAT Mumbai) From the record, we found that assessee was carrying out business of commodity trading on un-recognised exchange and also business of trading in shares. Assessee has claimed set off of loss arising out of trading in shares against the income arising out of trading in commodities. The […]

No specific provision requiring assessment U/s. 153A to be made after issuance of notice U/s. 143(2)

March 26, 2019 2583 Views 0 comment Print

Roshan Lal Verma Vs DCIT (ITAT Delhi) In the present case the notice under Section 143(2) was issued to the assessee which is not the mandatory requirement under the provisions of Section 153A of the Act. As per Section 153A, simple notice has to be given to the assessee. Thus, the contention of the Ld. […]

Annual Closing of Govt A/cs- Special RBI Measures for FY 2018-19

March 26, 2019 1086 Views 0 comment Print

The Government of India has desired that all government transactions done by agency banks for Financial Year 2018-19 must be accounted for within the same financial year and has requested that, as in previous years, certain special arrangements be made for this purpose.

Transfer of Business as a going concern exempt from levy of GST: AAR

March 26, 2019 21432 Views 3 comments Print

In re Innovative Textile Ltd. (GST AAR Uttarakhand) Whether business transfer agreement as a going concerned on slump sale basis is exempted from the levy of GST in terms of sl. no. 2 of the notification no. 12/2017 central tax (Rate) dated 28-06-2017? From the record we find that the applicant is carrying on the […]

GST Rate on Sell of threshed and re-dried tobacco leaves

March 26, 2019 1395 Views 0 comment Print

What will be the applicable rate of tax if the applicant gets the tobacco leaves threshed and re-dried? 28% (14% SGST +14% CGST) as per SI.No. 13 of Schedule IV Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

GST on tobacco leaves purchased from other dealers who purchased from farmers

March 26, 2019 3105 Views 1 comment Print

What will be the applicable rate of tax if the applicant purchases tobacco leaves from other dealers who have purchased them from farmers, for the purpose of trading? 5% (2.5% SGST + 2.5% CGST) as per SI.No.109 of schedule I Notification No.1/2017 Central Tax ( Rate) dated 28.06.2017.

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