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Essential parts can be treated as complete goods for customs but not for Motor Vehicle Act

January 31, 2019 6783 Views 0 comment Print

Rama Krishna Sales Pvt. Ltd. Vs Union of India and Ors. (Delhi High Court) In a case involving import of essential parts for assembling e-rickshaw, Delhi High Court has held that Rule 2(a) of Interpretative Rules, treating unfinished articles as complete. The High Court observed that legal fiction created by a statute cannot be extended […]

GST on Works Contract of Composite Supply for Government Dept

January 31, 2019 16518 Views 0 comment Print

The activity of supply, design, installation, commissioning and testing of solar energy based water pumping systems and O & M work by the applicant is a Works Contract of Composite Supply. This composite supply is a mixed of goods and services and predominant supply is supply of services. Since this supply is proposed to be undertaken for a Government Department, hence the rate of tax applicable on given service (as it is a works contract service) shall fall under Entry 3(iii) with HSN Code 99544 and it should be IGST@12%(CGST@6%, SGST@6%).

Relief in average export obligation in terms of Para 5.19 of HBPs

January 31, 2019 4281 Views 2 comments Print

The Regional Authorities, while considering requests of discharge of Export Obligation, will ensure that in case of shortfall in Export Obligation fulfillment, the Policy Circulars earlier issued in terms of Para 5.11.2 of HI3P 2009-14 and Para 5.19 of Hand Book of Procedure of FTP 2015-20 are also considered before issuance of the demand notice etc. This stipulation should also form part of the Check- Sheet for the purpose of EODC.

Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2019

January 31, 2019 21360 Views 0 comment Print

These Regulations may be called the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Fifth Amendment) Regulations, 2019.

Labelling/ fixing RSP allowed for statutory compliance in Customs Bonded Warehouse

January 31, 2019 7716 Views 0 comment Print

CBIC has decided to allow labelling/ fixing RSP etc. to fulfil statutory compliance requirements in all Customs Bonded Warehouse without the requirement of taking permission under Section 65 of the Customs Act.

SEBI: Systems deemed to be based on AI and ML technology

January 31, 2019 921 Views 0 comment Print

SEBI is conducting a survey and creating an inventory of the AI / ML landscape in the Indian financial markets to gain an in-depth understanding of the adoption of such technologies in the markets and to ensure preparedness for any AI / ML policies that may arise in the future.

HC explains Liability of professionals acting as Non-executive directors

January 30, 2019 6117 Views 0 comment Print

Practicing professionals are prohibited from acting as full time directors. They can only act as non-executive directors not performing administrative duties. Such persons cannot be prosecuted for offenses committed by the company. it will be a travesty of justice to prosecute all Directors if the offense is committed without their knowledge.

Valuation- Demurrage not includible – Explanation to Valuation Rule 10(2) is bad

January 30, 2019 5304 Views 0 comment Print

Observing that the provisions in the Customs Act were silent about demurrage, the High Court held that it is beyond the legislative powers to include demurrage charges in the rules for Customs valuation. Supreme Court judgements in Wipro ltd, Essar Steel Ltd. and Mangalore Refinery and Petrochemicals Ltd. were relied on.

AAR ruling on GST on Polyester Viscose fusing Interlining Woven Fabric

January 30, 2019 1479 Views 0 comment Print

In re Goodwear fashion Pvt Ltd.  (GST AAR Uttarakhand) Whether Interlining Fabrics is classified under HSN Code 5903 or should be classified as per the blend of Yarn (in chapter 52-55). Specimen fabric i.e. ‘Polyester Viscose fusing Interlining Woven Fabric, partially covered with plastic which leads to plastic coated pattern that is visible on its […]

CBDT redefines Prescribed income-tax authority U/s. 133C

January 30, 2019 2847 Views 0 comment Print

Prescribed income-tax authority under section 133C. 12D. The prescribed income-tax authority under section 133C shall be an income-tax authority not below the rank of Assistant Commissioner of Income-tax who has been authorised by the Central Board of Direct Taxes to act as such authority for the purposes of that section.

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