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Indian Medical Council (Amendment) Second Ordinance, 2019

February 21, 2019 837 Views 0 comment Print

1. (1) This Ordinance may be called the Indian Medical Council (Amendment) Second Ordinance, 2019. (2) (A) The provisions of this Ordinance shall, except sub-clause (i) of clause (c) of section 2, be deemed to have come into force on the 26th day of September, 2018; and

Service tax exemption cannot be denied for belated filing of declaration EXP-1, EXP-2

February 21, 2019 1677 Views 0 comment Print

CESTAT Delhi has held that exemption under Notification No. 31/2012-ST, to transportation of goods from factory to the gateway port, cannot be denied for belated filing of declaration EXP-1, EXP-2.

Set off of business losses against capital gains is not mandatory

February 21, 2019 70245 Views 1 comment Print

Sh. Ajay Kumar Singhania Vs DCIT (ITAT Chandigarh) The sole issue involved in this appeal is as to whether under the provisions of section 71 of the Income-tax Act, 1961 (in short ‘the Act’) there is an option to the assessee to set off the business losses against the capital gains or is it mandatory to […]

CBIC Rescinds Circular No. 132/95-Customs dated 22.12.1995

February 20, 2019 1056 Views 0 comment Print

Board vide its Circular No. 35/2016-Customs dated 29thJuly, 2016, has already removed the mandatory warehousing requirements for EOUs, STPIs, EHTPs etc. Further, the said Circular clarified that all these units shall stand delicensed as warehouses under Customs Act, 1962, with effect from 13th August, 2016. Therefore, section 65 of the Customs Act, is no longer applicable to EOUs, STPIs, EHTPs etc. In view of above, the Circular-132/95-Customs dated 22″d December, 1995, is rescinded to avoid any misinterpretation.

GST on Air-springs used in Air-springs assemblies for Indian Railways

February 20, 2019 1320 Views 0 comment Print

In Re Resistoflex Dynamics Pvt. Ltd (GST AAR Uttar Pradesh) (a) Whether the air-springs imported by the Applicant are classifiable under HSN heading 8607 (i.e. parts of coach work of railway running stock) and thus covered under Entry No. 241 of Schedule-I of GST rate notifications?  It will not be appropriate to classify air springs […]

Anti-dumping duty meant for new machinery cannot be imposed on second hand machinery

February 20, 2019 2328 Views 0 comment Print

CESTAT Chennai has held that import of second hand machinery cannot be subjected to imposition of anti- dumping duty (ADD) meant for new machinery. It observed that purpose of anti-dumping is served, in case of second-hand machinery, by way of re-appraisement of declared value, and imposition of ADD would be nothing but double jeopardy.

Valuation of stamp authority cannot be adopted in case of long gap between date of MOU execution and formal development agreement

February 19, 2019 1389 Views 0 comment Print

PCIT Vs Executor of Estate of Late Smt. Manjula A. Shah (Bombay High Court) From the record, it can thus be seen that there were two significant factors why the CIT(A) and the Tribunal did not adopt the valuation of the stamp authority for the purpose ofcollecting capital gain tax in the hands of the […]

Character of agricultural land not changes merely for Sale of Land within one year

February 19, 2019 1962 Views 1 comment Print

Merely because the assessee was not able to generate desired agricultural income from the said land and thus, it sold the said land within one year of its purchase, would not change the character of agricultural land to a non-agricultural land. Consequently, the assessee would be entitled to claim the benefit of exemption under section 10(1).

Unexplained cash credit entries in first year of business cannot be treated as unexplained income

February 19, 2019 1680 Views 0 comment Print

Shri Srinivasa Reddy Yenumula Vs ITO (ITAT Hyderabad) As regards the addition of Rs.18.00 lakhs towards unexplained investment is concerned, the learned Counsel for the assessee placed reliance on the judgment of the Hon’ble Supreme Court of India in the case of CIT vs. Bharat Engg. & Construction Co. reported in (1972) 83 ITR 0187 wherein […]

Section 153A Assessment -Incriminating material whether necessarily be discovered?

February 19, 2019 2802 Views 0 comment Print

After issuing notice under section 153A revenue can carry out re-assessment or assessment with respect to the six immediate prior years and the year in which the search is carried out. This does not require any incriminating material recovered on search relating to those prior years; in which there is no time left, on the date of search, for an assessment under section 143.

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