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India: Non-payment of service tax; transportation of goods for transshipment

India: Non-payment of service tax

The KPMG member firm in India has prepared reports about the following tax developments (read more at the hyperlinks provided below).

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  • “Implementation Guide” on the amendments to Tax Audit Report (Form 3CD): The Direct Taxes Committee of Institute of Chartered Accountants of India released the Implementation Guide on the amendments made to Form 3CD to allow the taxpayers and auditors to implement the changes in the best possible manner. Read an August 2018 report [PDF 657 KB]

  • Transportation of goods for transshipment: The Allahabad High Court reiterated its earlier ruling when it had held that conveyance details in part B of the “e-way bill” are not required to be filled in, when the goods are transported within a distance of 50 km. The case is: SBGC Logistics. Read an August 2018 report [PDF 723 KB]

  • Instruction for the conduct of assessment proceedings: The Central Board of Direct Taxes issued an instruction for the conduct of assessment proceedings through the e-proceedings facility during the year 2018-2019. Read an August 2018 report [PDF 607 KB]

  • Deduction under section 80-IC of the Income-tax Act availed for the first five years: The Supreme Court of India held that once the taxpayer has opted to claim a deduction under section 80-IC of the Income-tax Act, 1961 and the initial assessment year has commenced within the tax holiday period of 10 years, there cannot be another initial assessment year to allow the 100% deduction for the next five years. The case is: Classic Binding Industries. Read an August 2018 report [PDF 683 KB]

  • Non-payment of service tax under a faulty software programme: The Madras High Court held that non-payment of service tax on the basis of an error in a software programme cannot be a reasonable cause. The case is: Sify Technologies Ltd. Read an August 2018 report [PDF 740 KB]

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