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Archive: 13 December 2019

Posts in 13 December 2019

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3837 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 14, 2024 3480 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

CIT cannot exercise revision power if AO had taken permissible view on the issues

December 13, 2019 1491 Views 0 comment Print

While passing the assessment order AO had followed the permissible view in law which could not be said to be ‘unsustainable in law’. Therefore, the jurisdictional facts for usurping the jurisdiction u/s 263, being absent, the action of CIT to exercise revisional jurisdiction was without jurisdiction and all subsequent actions were ‘null’ in the eyes of law.

No Service Tax on pure sale un-associated with any service component

December 13, 2019 1263 Views 0 comment Print

Aviat Health Care Pvt. Ltd. Vs Commissioner of CGST (CESTAT Mumbai) It is worthwhile to mention here that ‘trading’ is a pure sale which is subjected to the taxable jurisdiction of the provisional Government and no Service Tax liability accrues from pure sale un-associated with any service component as has been elaborately dealt by the […]

Maharashtra State Finance Audit Report of Comptroller and Auditor

December 13, 2019 549 Views 0 comment Print

Chapter I is based on the audit of Finance Accounts and makes an assessment of the Maharashtra Government’s fiscal position as on 31 March 2018. It provides an insight into trends of committed expenditure and the borrowings made by the State Government.

NAA finds Signature Builders Guilty of not passing ITC Benefit to Customers

December 13, 2019 753 Views 0 comment Print

Shri. Abhishek Vs Signature Builders Pvt. Ltd. (National Anti-Profiteering Authority) Central Government, on the recommendation of the GST Council, had levied 18%  GST with effective  rate  of  12%  in  view  of 1/3rd abatement on value on the – construction service, vide Notification No. 11/2017-Central Tax (Rate) dated  28.06.2017  which  was reduced in  the case of […]

Discount after increasing price cannot be considered as passing on of benefit of additional ITC: NAA

December 13, 2019 774 Views 0 comment Print

Shri. Pradeep Kumar Vs Fusion Buildtech Pvt. Ltd. (National Anti-Profiteering Authority) The Respondent’s further contention that he had already offered more than 10% discount in basic prices to all the customers who have booked flats Post GST and the discount had been given mainly on account of availability of ITC, thus the allegation that he […]

Independent Director Proficiency Test Amendments 2019

December 13, 2019 13899 Views 8 comments Print

Independent Director Amendments On October 22, the Ministry brought the notification on the appointment and qualification of independent directors. The amended rules Companies (Appointment and Qualification of Director) Fifth Amendment Rules, 2019, – Companies (Creation and Maintenance of databank of Independent Directors) Rules, 2019 and – Companies (Accounts) Amendment Rules, 2019 and will come into […]

Liquidity Support (LS) Facility – NEFT 24 x 7

December 13, 2019 873 Views 0 comment Print

In order to facilitate smooth settlement of NEFT transactions in the accounts of the member banks maintained with the Reserve Bank in a 24×7 environment, it has been decided to provide an additional collateralised intra-day liquidity facility, to be called Liquidity Support (LS).

Tax Havens and Developing Countries: Policy Challenges in post BEPS Regime

December 13, 2019 3432 Views 1 comment Print

Tax havens create huge challenges before countries in terms of shifting of profits, flight of capital, hiding of unaccounted wealth & other assets of tax residents of countries and providing a safe haven for parking corruption proceeds from where it is ultimately laundered back into source countries.

Transfer Pricing Audits in the Case of a Service Provider

December 13, 2019 12045 Views 0 comment Print

Two issues are important for determining the arm’s length price of the services provided to foreign affiliate by an Indian service provider. These are proper determination of cost base on which arm’s lengthy mark- up will apply and the mark-up. The article deals with the issue of constituents of cost base. Hopefully, the proper determination of cost base by the assessee and in the transfer pricing audit will help in collection of due taxes in India.

Analysis of Section 115BAA of Income Tax Act,1961

December 13, 2019 36669 Views 1 comment Print

Section 115BAA so inserted, provides that,- (a) A domestic company shall at its option, pay tax at a lower rate of 22 per cent for any previous year relevant to the Assessment Year beginning on or after 1st April 2020, subject to certain conditions, including that the total income should be computed without claiming any […]

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