Showing posts with label Taxscan | Simplifying Tax Laws. Show all posts
Showing posts with label Taxscan | Simplifying Tax Laws. Show all posts

Friday, November 20, 2020

Delhi High Court quashes Show Cause Notice by DGFT in respect of DEL, Imposes 25K Cost to DGFT [Read Judgment]

DGFT Notice - Delhi High Court - DGFT - Show Cause Notice - TaxscanThe Delhi High Court quashed the Show Cause Notice passed by Assistant DGFT against Nautilus Metal Craft in respect of Denied Entity List (DEL). The petitioner that it deals mainly with readymade garments and made ups and for the same it procures orders from countries such as the USA, different companies of South America, Europe, […]

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CIT(A) rightly treated the fixed deposit interest income under the “Income from Business & Profession” instead of “Income from Other Sources”: ITAT [Read Order]

NFDC - CIT(A)- fixed deposit interest income-Income from Business -Income from Other Sources-ITAT-TaxscanThe Income Tax Appellate Tribunal (ITAT), Mumbai Bench said that the CIT(A) rightly treated the fixed deposit interest income under the “Income from Business & Profession” instead of “Income from Other Sources”. The assessee, M/s. National Film Development Corporation Ltd. is engaged in the business of distribution of films, film production, film finance, media campaign, […]

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Provisional Attachment Order ceases to have effect after 180 Days if no order has been passed: Delhi High Court quashes Authority’s Summons & Notices [Read Judgment]

Provisional Attachment Order - Delhi High Court - Summons- Notices-TaxscanThe Delhi High Court while quashing the summons and notices issued by the Adjudicating Authority held that the Provisional Attachment Order ceases to have effect after 180 Days if no order under Section 8(3) of the Prevention of Money Laundering Act, 2002 has been passed. The petition raised an interesting question of the effect of […]

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Income Tax Department conducts searches at various locations in Uttar Pradesh

Income Tax Department - conducts searches - Uttar Pradesh- taxscanThe Income Tax Department started a search and survey action on 18/11/2020 in the case of a leading cattle feed producer in Northern India. The search and survey actions are being carried out at 16 locations in Kanpur, Gorakhpur, Noida, Delhi, and Ludhiana. The main allegations against the group are that it has taken accommodation […]

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Plea challenging Section 16(4) of the CGST Act for denying ITC if not claimed within due date of Furnishing of Return: Calcutta HC issues notice [Read Order]

Plea challenging - denying ITC- Furnishing of Return- notice-TaxscanThe Calcutta High Court has issued notice to the Centre and State Government on the plea challenging the constitutional validity and vires of Section 16(4) of the CGST Act, 2017 and of West Bengal Goods and Service Tax Act, 2017. The validity is challenged to the extent that it seeks to deny Input Tax Credit […]

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CA Exams Nov 2020: ICAI allows candidates to file Observations on Question Papers

icai nov 2020 exam-taxscanThe Institute of Chartered Accountants of India ( ICAI ) has allowed the Observations of the candidates on the question papers of CA examinations– November 2020. The ICAI said that, the candidates can bring to the notice of the Examination Department, their observations, if any, on the question papers relating to CA Examinations being held […]

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Thursday, November 19, 2020

Vijaya Bank is a ‘Financial Company’ and is entitled to avail the benefit of Deduction u/s 36(1)(viii): Karnataka High Court [Read Judgment]

Vijaya Bank - Financial Company - Deduction - Karnataka High Court - TaxscanThe Karnataka High Court held that the assessee, Vijaya Bank is a ‘Financial Company’ and is entitled to avail the benefit of deduction under Section 36(1)(viii) of the Income Tax Act. The assessee, M/s Vijaya Bank is a Banking Company. The Assessing Officer disallowed the deduction claimed under Section 36(1)(viii) of the Act in respect […]

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CA Exams November 2020: ICAI notifies Changes in certain Examination Centre or Minor Correction in the Address

CA Exams November 2020-ICAI - Changes in certain Examination - Minor Correction - TaxscanThe Institute of Chartered Accountants of India (ICAI) has made changes in the venue or minor correction of 5 exam centers for the CA November exam 2020. An official notice regarding this decision has been uploaded on the institute’s official website. The Bord notified the changes in 5 cities namely Delhi, Ahmedabad, Mumbai, Chennai and […]

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ICAI issues Advisory to candidates appearing for CA Examination November 2020

ICAI- Advisory to candidates- CA Examination November 2020-TaxscanThe Institute of Chartered Accountants of India (ICAI) issued the Advisory to the candidates who are appearing for CA Examination in November 2020. The Institute has come across postings on Social Media by some students stating that despite being tested COVID-19 positive, they intend to appear for the CA Examinations in November 2020. The ICAI […]

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Kerala High Court restrains Revenue from recovering amount refunded as levy of Service Tax in lieu of Foreign Agency Commission [Read Order]

Kerala High Court - Revenue Recovery - Service Tax Refund - Service Tax - Foreign Agency Commission - TaxscanThe Kerala High Court restrained the Revenue from recovering the amounts refunded since as of now the levy of service tax on the payment in lieu of foreign agency commission will not be leviable as ‘Business Auxiliary Service‘ prior to April 18, 2006. The appellant, M/s Uniroyal Marine Exports Ltd. is a processor and exporter […]

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ICAI notifies scheduled date for Jan/Feb CA Exams

ICAI -CA Exams-TaxscanThe Institute of Chartered Accountants of India (ICAI) has notified 21 January 2021 as a scheduled date for January or February CA Exams. “In continuation of Announcement dated 7th November 2020, it is informed that January/February 2021 examination will commence from 21 January 2021 in all cities where exams are currently scheduled for November 2020 […]

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Gujarat High Court refuses to grant Anticipatory Bail to CGST Inspector alleged of Corruption [Read Order]

Gujarat-High-Court-Anticipatory-Bail-CGST-GST-Inspector-Corruption-TaxscanThe Gujarat High Court refused to grant anticipatory bail to CGST Inspector alleged of corruption. The applicant, Gaurav Kumar Sudhashankarnkumar Arora is appointed as the Inspector in the office of the Central G.S.T. at Surendranagar and is serving in the said Department since the year of 2016. A FIR was lodged by the complainant, ­Mr. […]

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GST Evasion: DGGI Nagpur arrests prominent Builder in a case of availment of Fraudulent Input Tax Credit of Rs. 4.86 Cr on Fake Invoices

GST Evasion DGGI Nagpur arrests- prominent- Builder-Fraudulent Input Tax Credit -Fake Invoices -TaxscanThe officials of DGGI, Nashik Regional Unit of DGGI, Nagpur Zonal Unit arrested a prominent builder of Nashik in an ongoing investigation regarding availment of fraudulent Input Tax Credit on fake invoices. Information had been received by DGGI that the Builder was availing fraudulent Input Tax Credit on fake invoices issued by non-existent entities and […]

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Amount paid to Partner upon retirement towards his Share in Assets not liable to Capital Gain: ITAT [Read Order]

retirement -share in assets- capital gain- ITAT- ITAT Mumbai - TaxscanThe Income Tax Appellate Tribunal (ITAT), Mumbai Bench held that the amount paid to partner upon retirement towards his share in assets not liable to capital gain. The assessee, Dr. Vithal V. Kamat, became a partner in the partnership firm called M/s. Sports Field Construction vide deed of partnership. The details of other partners who […]

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Power of Seizure of Goods can be resorted to only when the Officer has ‘reasons to believe’ the goods are liable to confiscation: Allahabad HC [Read Order]

Power of Seizure of Goods-reasons to believe- goods-confiscation-TaxscanThe Allahabad High Court while ordering the release of the goods and vehicles held that the power of seizure of goods can be resorted to only when the officer has ‘reasons to believe’ that the goods are liable to confiscation. The petitioners, Jaymatajee Enterprise (Seller) And Another received an order from one M/s Jagdamba Enterprises […]

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RBI relaxes certain requirements for Housing Finance Institutions [Read Notification]

RBI - Housing Finance Institutions - TaxscanThe Reserve Bank of India (RBI) relaxed certain requirements for Housing Finance Institutions. The RBI has issued this notice in supersession of the earlier notification dated 19th November, 2019. “The provisions of Sections 45-IA, 45-IB and 45-IC of the Reserve Bank of India Act, 1934 shall not apply to a non-banking financial company which is […]

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GST Evasion: Patiala House Court refuses to grant bail to accused for passing ITC without any actual payment of GST [Read Order]

GST Evasion-Patiala House Court -grant bail - ITC -actual payment of GST-TaxscanThe Patiala House Court refused to grant bail to the accused for passing ITC without any actual payment of GST. The Senior Counsel for the accused/applicant has prayed for a grant of bail on the ground of parity with the co-accused. It is alleged that the companies owned and controlled by accused Rakesh Kumar Goyal […]

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Gambling in India is Shifting Online

Gambling in India - TaxscanPhysical gambling in India is not fully legal right now, but it’s mentioned in all of its historic books. Set in almost 8000 years BC, the Indian Ramayana and Mahabharata have multiple mentions of gambling games played on boards with dice and other tools. The Mahabharata is actually said to have taken place due to […]

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Person bearing Excise Duty, not leviable in law is entitled to claim refund subject to limitation prescribed in Section 11B: Madras HC [Read Judgment]

Excise Duty - law - claim refund - Section 11B - Madras High Court - TaxscanThe Madras High court while dismissing the appeal held that the person who has borne the incidence of Excise Duty, which was not leviable in law is entitled to claim refund of the same, subject to his locus standi and the limitation prescribed in Section 11B of the Income Tax Act. The Appellant Company, M/s.Chennai […]

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Relief to Reliance Industries: ITAT deletes addition of Sales Tax Incentive/subsidy holding it as Capital in Nature [Read Order]

Reliance Industries - ITAT - Sales Tax Incentive - subsidy Capital - TaxscanThe Income Tax Appellate Tribunal (ITAT), Mumbai Bench deleted the  addition of sales tax incentive/subsidy holding it as capital in nature. The assessee, Reliance Industries Ltd. is engaged in the business of oil and gas exploration, refining of crude oil, manufacturing of and trading in petrochemicals, polyester, fiber intermediates, textiles, generation and distribution of power, […]

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