News Update

EU resolves to go ahead with digital tax if OECD fails to broker global consensusCOVID-19 & Digital Technologies eat up romance of 'OFFICE' & also sovereignty to levy taxes!Obituary: Shiva Kant Jha passionately fought judicial battles in public interestsCus - Onus rests with the Revenue to establish that valuation of imported goods was incorrect & it is not for the importer to prove otherwise: CESTATCX - Limitation period for filing refund application must strictly be followed - no relief can be allowed if assessee files refund claim after prescribed time period & the same is rejected on limitation: CESTATST - When an amount deposited loses the character of service tax, it can only be treated as a deposit - such amount merits adjustment u/r 6(3) and becomes liable for refund: CESTATLate filing fee u/s 234E cannot be levied where date of filing TDS statement & date of intimation are prior to date of introduction of Section 234E: ITATHigh Speed Rail Corporation opens bids covering 47% of Mumbai-Ahmedabad corridorOnce liability stands converted into share application money with consent of creditors, then same cannot be treated as cessation or remission of liability, either unilateral or bilateral: ITATIn case of unabated assessments, no addition can be framed u/s 153A unless it based on tangible material incriminating the assessee, found in course of search operations: ITATCOVID-19 - PM asks States to increase testing & ensure 100% RT-PCR testsTheory of extrapolation cannot be applied on mere theoretical or hypothetical basis in absence of any incriminating & corroborative evidence or material brought on record by the AO in this regard: ITAT871 formulations of essential medicines covered under price controlStatements of third parties per se do not qualify as incriminating evidence: ITATCus - Notification 5/2019-Cus dt. 16.02.2019 imposing duty of 200% on all goods originating in or exported from Islamic Republic of Pakistan was uploaded on the e-Gazette at 20:46:58 hours - power of re-assessment u/s 17(4) could not have been exercised for self-assessments made earlier in the day - Revenue appeals dismissed: SC LBGST - Bench cannot sit in appeal and postulate that decision of Council is not what they have unwaveringly held it to be: HCGST - Response of Union Minister to query cannot prevail over decision of Council and also cannot form basis for impugning decision of Council or notification notifying tax rate: HCBombay HC stops hearing as it’s pouringStartup ecosystem for rural & tribal entrepreneurs being developed: GovtRajya Sabha adjourned sine die; bids sayonara to 11 retiring Members from UP & Uttarakhand'Lost Decade' if austerity dominates winning policy space: UNCTADCBDT notifies New Form 15C to accommodate Insurer with banking companies for Sec 195(3) certificateThe Interest ConundrumSeizure of Cash made during investigation - Legality under GST?VAT - Assessee cannot be relegated to invoke appellate remedy, where writ remedy is sought in contest of a non-speaking order which suffers from arbitrariness: HCUDAN: Demand-driven Scheme for affordable air travel: PuriExpenses incurred by the company for holding a dealers' conference or towards sales promotion, cannot be considered for determining assessee's liability towards Fringe Benefit Tax u/s 115WB(2)(c): HCIndia not in position to accept Data Free Flow with Trust: GoyalCX - Revenue cannot refuse to accept surrender of assessee-company's registration certificate where no enforceable dues are recoverable from the assessee: HCMonsoon Session may wrap up today; CAG to table 29 reports in HouseAssessment u/s 153A can be resorted to only if any material incriminating the assessee is found during Search operation conducted u/s 132: ITATSales Tax - Tribunal upheld assessment order by considering a remand report only & without hearing the assessee - case remanded for passing fresh order: HCCouncils sets up to help MSMEs in resolving delayed payments: Sarangi
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