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India received foreign remittance of USD 111 bn in 2022, says UNPitroda resigns as Chairman of Indian Overseas Congress over racist remarkGovt hosts workshop on improving Ease of Doing Business in Mining sectorI-T - Anything made taxable by rule-making authority u/s 17(2)(viii) should be 'perquisite' in form of 'fringe benefits or amenity': SCCus - Drawback - Revenue contends that appeal of exporter ought to have been dismissed by Tribunal as not maintainable since correct remedy was filing a revision application with Central government - Appeal disposed of: HCCus - CHA - AA has clearly brought out the modus adopted by the appellant and how he was a party to the entire under valuation exercise - Factual finding affirmed by Tribunal - No question of law arises for consideration: HCGST - Proper officer has not applied his mind while passing the order; confirmed demand by opining that reply is not satisfactory - Proper Officer is directed to withdraw all punitive actions taken against petitioner pursuant to impugned order: HCGST - Proper Officer had to at least consider the reply on merits and then form an opinion - Non-application of mind - Order set aside and matter remitted for re-adjudication: HCGST - Cancellation of registration for non-filing of returns - Suspension/revocation of license would be counterproductive and works against the interest of revenue - Pragmatic view needs to be taken to permit petitioner to carry on his business: HC86 flights of AI Express cancelled as crew goes on mass sick leaveTax Refund Conundrum - Odyssey of Legal MisstepsI-T- AO not barred from issuing more than one SCN; Fresh SCN seeking information is not without jurisdiction, more so where HC itself directed re-doing of assessment: HCMurthy launches Capacity Building on Design and Entrepreneurship programCash, liquor & drugs worth Rs 110 Cr seized from Jharkhand ahead of pollsI-T- Appeal before CIT(A) (NFAC) is rightly dismissed where it has been delayed by over one year without just & reasonable cause: ITATPoll-induced stress: 2 Bihar officials die of heart attack at polling boothsSixth Edition of Commandants' Conclave held in PuneSome Gujarat villages keep away from polls over unfulfilled demands from governmentRoof-hugging inflation nudges Argentina to print first lot of 10,000 notes of pesoInvestigation finds presence of ‘boys club’ strands of culture at American bank regulatorUS cancels licence to some firms found exporting materials to Huawei

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CBEC Circular 46/2017-Cus - certainly not innocuous!


CBEC Circular 46 of 2017cus certainly not innocuous

The humble view of the Author is that the issue is not so much about the applicability of IGST as it is of the time,manner and value to be determined for such levy and collection of IGST. It is also about the interdependence of the IGST Act on the Customs Legislations for its operation for levy and collection,not to speak of the possible revenue neutrality that incidentally pre exist by accident through availability of ITC.The whole body of jurisprudence around the subject should be desirably built by a definite design rather than by an accident, with a view to be free from any ambiguity and dispute is my only concern in expressing the above views pl.
Author

Sonal Arora 01/12/2017

 

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