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Delhi HC upholds Constitutional Validity of 2nd proviso to Section 5(1) of PMLA

February 16, 2018 3531 Views 0 comment Print

The Delhi High Court has upheld the constitutional validity of the second proviso to Section 5 (1) of the Prevention of Money-laundering Act, 2002 (PMLA).

Unutilized Credit of EC and SHE could not be cross-utilized against excise duty or service tax

February 15, 2018 2151 Views 0 comment Print

While hearing the case between Cellular Operators Association of India vs Union of India, the Delhi High Court rejected the claim to allow credit of the unutilized education and higher education cess.

HC releases Vehicle seized due to Expiry of E-Way Bill

February 15, 2018 3609 Views 0 comment Print

Jaspreet Kalra Vs. Union of India (High Court of Uttarakhand) It is the contention of learned senior counsel that the vehicle of the petitioner has been seized by respondent no.3 thereby imposing a penalty of Rs.5,03,125/- equal to the IGST (the tax amount) on the technical ground that the validity of e-way bill had expired […]

Carry forward of KKC, EC etc. into GST: Implications of recent Delhi High court decision

February 15, 2018 19635 Views 2 comments Print

Education Cess was being levied on Central Excise and Service Tax from 10.09.2014. Education Cess paid on the purchase was available as a credit against payment of education cess on payment on the output removal.

Delhi HC dismisses petition against CA Final Result Controversy

February 13, 2018 41367 Views 2 comments Print

A perusal of the Regulation 39(2) in itself shows that the council has been granted a discretion to revise the marks obtained by the candidates in any particular paper/papers or aggregate, as may be considered necessary for maintaining the standards of passed percentage

TDS U/s. 194 not applicable on reimbursement of Payment

February 12, 2018 4593 Views 0 comment Print

As such, the assessee cannot be treated as the assessee in default in not deducting tax at source under section 194J of the Act. The arguments of the revenue that the fees paid by the assessee is towards technical services is imaginary one not established with substantial material.

AO cannot Review Original Assessment without any Fresh Tangible Material

February 12, 2018 843 Views 0 comment Print

In the Case, Commissioner of Income Tax vs Ram Kumar Duhan, Punjab and Haryana High Court jointly held that the Assessing Officer (AO) has no power to review original assessment without any fresh tangible material.

Writ filed in Gujarat HC on Double Levy of IGST on Ocean Freight: HC issues notice to Govt.

February 12, 2018 15684 Views 1 comment Print

The petitioner’s challenge has principally three elements viz., [a] having paid the tax under IGST Act on the entire value of imports; inclusive of the ocean freight, the petitioner cannot be asked to pay tax on the ocean freight all over again under a different notification;

Rule 8D not applicable if AO not recorded dis-satisfaction with correctness of claim of assessee

February 9, 2018 1536 Views 0 comment Print

Pr. CIT Vs. Reliance Capital Asset Management Ltd. (Bombay High Court) The assessing officer did not specifically record that he is not satisfied with the correctness of the claim of the assessee in respect of the expenditure in relation to the income which does not form part of the total income under the Act. However, […]

Section 115JB benefit cannot be denied to a corporation for mistake of official in Return

February 9, 2018 759 Views 0 comment Print

The statutory benefit accruing to the Corporation by virtue of Section 115JB cannot be denied and in doing so, the learned Tribunal has not committed any error and we find no substantial question of law, warranting reconsideration.

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