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Income Tax: Cancellation of registration of assessee charitable trust u/s 12AA(3) - No evidence for misuse of such foreign contribution/donation is brought on record by the Revenue authorities before cancelling such registration - No ultra vires or illegal activity on the part of the respondent-trust.

Income Tax: Charitable activities - exemption u/s 11 - the fact of the actual payment made to the Ohio University in the very next year and that too offered for taxation in India being undisputed, no such substantial question of law arises for our further consideration.

Income Tax: If the assessee invests the entire consideration in construction of the residential house within three years from the date of transfer he cannot be denied deduction u/s 54F of the Act on the ground that he did not deposit the said amount in capital gain account scheme before the due date prescribed u/s 139(1) of the Act.

Income Tax: The deduction has been claimed by the assessee under section 10A and not under the sections specified above for computing adjusted total income, thus, the provisions of section 115JC are clearly not applicable.

Income Tax: TPA - computation of ALP of the international transactions by applying BLT - ALP of an international transaction involving AMP expenses, the adjustment made by the TPO/DRP/AO is not sustainable in the eyes of law.

Income Tax: Disallowance made u/s 14A - there is no need to take into account any direct or indirect expenses of the agriculture division and apply the provisions of section 14A of the Act thereon.

Income Tax: Computation of deduction u/s 80IB(9) - there is no scope to adjust expenses relating to other “undertakings” while computing deduction u/s 80IB(9) of the Act.

GST: Levy of GST - ancillary service provided by a company duly registered under the Companies Act, 2013 which is owned by State Government of Punjab - Transfer fees - such activity is liable to GST

GST: Detention of goods - demand of IGST - petitioner paid the amount through the portal - Revenue insists that the petitioner ought to have paid the tax and penalty either through cash or through Demand Draft - That insistence seems to be archaic and out of tune with the very spirit of the GST regime.

GST: Profiteering - reduction of rate of tax - The restaurant has failed to pass on both the above benefits to his customers - The amount is inclusive of the extra GST which the Respondent had forced the customers to pay due to wrong increase in his basic prices otherwise the prices to be paid by them should have further got reduced by the amount of the GST illegally charged from them.

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Articles
Notifications

Indian Law - Amendment in the notification of the Government of India in the Ministry of Corporate Affairs, vide number S.O. 1693 (E) dated the 3rd October, 2007.

IT - Income–tax (Twelfth Amendment) Rules, 2018

Cus (NT) - Appointment of Common Adjudicating Authority by DGRI-reg

Cus (NT) - Appointment of Common Adjudicating Authority by DGRI-reg

Cus (NT) - Exchange Rates Notification No.93/2018-Custom(NT) dated 15.11.2018

Cus (NT) - Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver- Reg

ADD - Seeks to extension of existing anti-dumping on "O-Acid" originating in or exported from China PR and imposed vide notification No. 6/2018-Customs (ADD) dated 12th March, 2018 to the imports originating and exported from China PR of "O-Ester"

Co. Law - National Financial Reporting Authority Rules, 2018

Co. Law - Companies (Registered Valuers and Valuation) Fourth Amendment Rules, 2018

CGST - Corrigendum - Notification No. 60/2018-Central Tax, dated the 30th October, 2018

IT - Central Government establishes an Appellate Tribunal at New Delhi

IT - Central Government specifies that the New Delhi Bench of the Adjudicating Authority appointed under section 7 of the Prohibition of Benami Property Transactions Act, 1988 shall exercise jurisdiction under the said Act over the whole of India except the State of Jammu and Kashmir

IT - Central Government appoints an Adjudicating Authority at New Delhi

FEMA - Foreign Exchange Management (Deposit) (Amendment) Regulations, 2018

Indian Law - Senior Citizens’ Welfare Fund (Amendment) Rules, 2018

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Circulars/ Public Notices

DGFT - Amendment in Appendix 1B, Hand Book of Procedures 2015-20

Customs - Clarification for re-imports through Post under notification No. 45/17-Cus, dated 30.06.17 and 46/17-cus, dated 30.06.17 - reg.

DGFT - Extension of the validity period of EPCG Authorisation-reg.

DGFT - Amendments in Para 2.79A and 2.79B of Handbook of Procedures for issue of export authorization for "Stock and Sale" of SCOMET items.

DGFT - Amendment in Para 2.54 of the Handbook of Procedures, 2015-2020

FEMA - Exim Bank's Government of India supported Line of Credit of USD 3.5 million to the Government of the Republic of Suriname

FEMA - Exim Bank's Government of India supported Line of Credit of USD 27.5 million to the Government of the Republic of Suriname

FEMA - Exim Bank's Government of India supported Line of Credit of USD 2.5 million to the Government of Madagascar

Companies Law - Constitution of Committee for Finalizing Business responsibility reporting (BPR) format for listed and unlisted Companies

Customs - Implementation of PGA eSANCHIT — Paperless Processing under SWIFT-Uploading of Licenses/Permits/Certificates/Other Authorizations (LPCOs) by PGAs - reg.

Customs - Implementation of Paperless Processing under SWIFT-Uploading of Supporting Documents (eSANCHIT) in Exports

FEMA - External Commercial Borrowings (ECB) Policy – Review of Minimum Average Maturity and Hedging Provisions

Goods and Services Tax - Collection of tax at source by Tea Board of India – Reg.

Goods and Services Tax - Scope of principal and agent relationship under Schedule I of CGST Act, 2017 in the context of del-credere agent - Reg.

DGFT - Amendment of Appendix - 2T of Appendices and Aayat Niryat Forms of Foreign Trade Policy, 2015-20 - reg.

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News

CCI invites comments from public in respect of the proposed acquisition of the electrical and automation business of Larsen & Toubro Limited by Schneider Electric India Private Limited and MacRitchie Investments Pvt. Limited.

Cabinet approves: i) Implementation of the umbrella scheme “Atmosphere & Climate Research-Modelling Observing Systems & Services”; ii) Sub-schemes to continue during 2017-20; and iii) National Facility for Airborne Research(NFAR) to be set up.

Extension of Norms for Mandatory Packaging in Jute Materials

Invitation for public comments on the Competition Act, 2002

Government of India and the World Bank sign $310 million Loan Agreement for Jharkhand Power System Improvement Project to provide reliable, quality, and affordable 24x7 electricity to the citizens of Jharkhand

Prime Minister Launches Ease of Doing Business Grand Challenge

Commerce Minister Releases Report on Industrial Park Rating System

Reforms needed in WTO to Support A Better Global Trade order: Suresh Prabhu

SEZ Policy Report Submitted to Commerce Minister

Examination for Confirmation of Enrollment of GST Practitioners Postponed to 17.12.2018

9th Session of the India - Kyrgyz IGC held in New Delhi

26th Conference of Central and State Organizations (COCSSO) held at Dharamshala, Himachal Pradesh

Auction for Sale (Re-issue) of Government Stocks

Government of India and the Asian Development Bank (ADB) Sign $105 Million Loan to Support Hydropower Transmission in Himachal Pradesh

Government of India and the Asian Development Bank (ADB) sign $300 Million Loan to support India Infrastructure Finance Company Limited (IIFCL)in India

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Jiva Seva is Shiva Seva:
Service to humanity is Service to God

May I be born again and again, and suffer thousands of miseries so that I may worship the only God that exists, the only God I believe in, the sum total of all souls—and above all, my God the wicked, my God the miserable, my God the poor of all races, of all species, is the special object of my worship.

- Swami Vivekananda, CW, 5:137
 
 
 
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