"14 January 2020" Archive

HC Quashes AAR/AAAR order deeming ‘medical supplies’ as ‘composite supply’

HC: Quashed AAR/ AAAR order deeming ‘medical supplies’ as ‘composite supply’ and remanded matter for fresh consideration The Hon’ble HC, Karnataka in the matter of Abbott Healthcare Private Limited v. The Commissioner of State Tax Kerala & Ors. [W.P(C). No. 17012 OF 2019(B) dated January 7, 2020] quashed AAR ...

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E-Invoice system under GST

The Invoicing system in GST is defined for major overhaul in the coming financial year. This includes E-invoicing, Quick-Response Code and facility of digital payments to recipients. It is important for organizations to understand the same as all the above would not only require customization in their accounting/ ERP software but also req...

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Pre-Budget: Mounting Fiscal Pressures

Mr. Abheek Barua, Chief Economist, HDFC Bank Ltd. HDFC Banks Treasury has recently come up with a Report on Union Budget 2020-21.  In this report  take a look on how the fiscal math is likely to unfold this year and what can be expected from the 2020-21 budget. ♠ In our opinion the 2020-21 budget […]...

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FORM INC20A : Truly a Business Commencement

Under the erstwhile Companies Act, 1956, a Private Limited Company could start its business immediately upon receipt of a Certificate of Incorporation from the concerned Registrar of Companies. However Public Companies were required to obtain a Business Commencement Certificate before commencement of business pursuant to Section 149 of th...

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Discripancy in Sabka Vishwas Scheme

Many of the Assessees are worried whether they can avail the SVLDRS scheme under LITIGATION OR ARREARS, if the order is received on or before 30.06.2019 and the statutory time limit for filing appeal was available upto two or three months. i.e. after 01.07.2019. In the recent CBIC FAQ dt. 24.12.2019 in Question No.6, the […]...

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Result of CA Intermediate & Foundation Exam on 03.02.2020

Results of the Chartered Accountants Intermediate (Old Course & New Course) Examination and Foundation Examination held in November, 2019 are likely to be declared on Monday, February 3rd, 2020 (evening)/Tuesday, February 4th, 2020. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA [Set up by an Act of Parliament] January 13th, 2020 The...

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Limited Liability Partnership Incorporation

Limited Liability Partnership Incorporation as Per Chapter III of Limited Liability Partnership, Act 2008 And LLP Second Amendment Rules, 2018. LIMITED LIABILITY PARTNERSHIP A Limited Liability Partnership is a body corporate formed and incorporated under this Act and is a legal entity separate from that of its partners. It shall have per...

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Section 115BAB – An Analysis

Author discusses Which Company eligible for claiming lower Income tax rate, Meaning of Manufacture or Production for section 115BAB, Anti Abuse Provisions under Section 15BAB, Related Party Transactions & Transfer Pricing with reference to Section 15BAB and Taxability at higher Income Tax rates....

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Section 147: Mere ‘Yes’ on approval not amounts to due application of mind

Blue Chip Developers (P) Ltd. Vs. ITO (ITAT Delhi)

Approval given by approving authority for reopening of assessment u/s 147 of the Income Tax Act, 1961 was without due application of mind and in mechanical manner - reassessment should be quashed....

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Corporate Compliance Calendar For The Quarter Ended 31.12.2019

Article explains Compliance For The Quarter Ended 31.12.2019 under Companies Act and Rules made there under, Under SEBI Law related to Intimation about the closing of trading window to SEs & Insiders, Compliance Report on Corporate Governance, Statement of Grievance Redressal of Investor Complaint, Statement of Shareholding Pattern, R...

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Convert Public company into a Private Company

Article explains Applicable provision for Conversion of a Public Limited Company into a Private Limited, E-Forms for Conversion of a Public Limited Company into a Private Limited, Procedure for Conversion of a Public Limited Company into a Private Limited and Steps to be taken after Conversion of a Public Limited Company into a Private Li...

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All about Independent Director under Companies Act 2013 with FAQs

Section 149 and Section 150 of Companies Act, 2013 read with Chapter XI The Companies (Appointment and Qualifications of Directors) Rules, 2014 Independent Director: ‘independent director’ means an independent director referred to in sub-section (6) of section 149 (Annexure A of this Article). Applicability:  1. Listed Compa...

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How will taxpayers fly their Kite of Income Tax Return?

Krishna, the eve of Makarsankranti where people celebrate it by flying different types of Kites. This year new Income Tax returns have been notified by CBDT. How shall the tax payers fly the new ITR?...

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BOB RFP to Appoint service provider for Concurrent & IS Audit

Bank of Baroda Request for Proposal for Selection of Service Provider for Conducting Concurrent Audit of Data Centre and IS Audit of Applications ...

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ICSI Guidance Note on Prevention of Insider Trading

The act of Insider Trading does not only shake the capital markets, but also impacts the genuine Investors and the country’s economic growth. Various committees constituted by the Government have recommended measures to prohibit the practice of insider trading and the need to regulate the same. To deal with market abuse related to “in...

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Guidance Notes on ICSI Auditing Standards (CSAS-1 to CSAS-3)

ICSI Auditing Standards aims to support the Company Secretaries in developing auditing acumen, techniques and tools and inculcate best auditing practices while conducting the audit and promote standardisation and uniformity in the professional arena. The Institute of Company Secretaries of India has issued the first four Auditing Standard...

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

Aviat Health Care Pvt. Ltd. Vs Commissioner of CGST (CESTAT Mumbai)

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 th...

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Doctrine of Partial Merger again upheld by Hon’ble Haryana Tax Tribunal

M/s Gawar Construction Ltd Vs State of Haryana

Hon’ble Haryana Tax Tribunal has held that cost of consumables such as fuels used in hot mix plant for the purpose of execution of works contract, is liable to be deducted from the taxable turnover. The said view emerged based on the Supreme Court Judgment in the case of Gannon Dunkerely and Rule 25(2) read with Rule 25(3) of the Haryan...

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Appeal to Commissioner of Income Tax

In recent times, cases of additions of income by respective Income Tax Officers/Assessing Officers have increased substantially. Factor such as demonetization, increased reliance on information technology and availability of tremendous data available with the Income Tax Department have contributed in the growth of litigations between the ...

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Online Proficiency Self Assessment Test for Independent Directors

Every individual who is already an Independent director and who intends to be appointed as independent director shall compulsorily pass Online Proficiency Self Assessment Test conducted by the IICA within a period of 1 (one) year from the date of registration. Detailed Provisions 1. Application for registration: Every individual who is al...

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ITC cannot be denied for not having evidence of efforts made to submit GST TRAN-1

SRC Aviation (P) Ltd. Vs Union of India & Ors. (Delhi High Court)

SRC Aviation (P) Ltd. Vs Union of India & Ors. (Delhi High Court) it may be noted that as per Notification No. 49/2019 dated 09.10.2019 issued by CBIC, the date prescribed for filing of Form GST TRAN-1 under Rule 117 (1A) of the CGST Rules has been extended to 31.12.2019. This itself demonstrates that the […]...

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NRI Gift Tax Rules in India

A gift is Money or House, Shares, Jewelry etc. that is received without any consideration, or simply an asset received without making a payment against it and is a capital asset for the Recipient. It can be in the form of cash, movable property or immovable property. (A capital asset typically refers to anything the individual owns fo...

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Analysis on Internal Financial Control under Companies Act 2013

ANALYSIS OF VARIOUS ASPECTS INTERNAL FINANCIAL CONTROL UNDER COMPANIES ACT, 2013 There are various Statutory Provisions under the Companies Act 2013 (the Act) which govern ‘Internal Financial Control’ in the Company. Relevant provisions of the Act, for the applicability of Internal Financial Control is reproduced as under: 1. ...

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IND AS 1- Presentation of General Purpose Financial Statements

In the earlier article we had seen basics of Indian Accounting standards (IND AS), Now in this article you will be able to read about IND AS 1- Presentation of Financial Statements 1. What is the objective of IND AS 1? This standard prescribes the basis of Presentation of General Purpose Financial statements. This will […]...

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SEBI: Procedure to Register as Registrar & Share Transfer Agent

Registration as Registrar to an Issue and Share transfer Agent 1. Application to be made in Form A 2. Application to be accompanies by Non refundable Fee of Rs. 20,000/- . – Refer Note Number 1 3. Types of Application: a) Category I: to carry on the activities as a registrar to an issue and […]...

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Analysis of Section 194-IB with Form 26QC and Form 16C

This article focuses on Tax Deducted at source on payment of Rent on Residential property by an individual and HUF which is covered by Section 194-IB. Article also cover Tax deduction under Section 194I on rent by those in Business. Article further covers the comparison between TDS deduction section 194I and 194IB....

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Supply of Services By / To Government or Local Authorities Under GST

In this article let’s discuss about Supply of Services By / To Government or Local Authorities Under GST. Before Proceeding to understand the GST Implication on such Supplies, first let’s discuss What is Mean by Govt. or Local Authorities? What is the meaning of ‘Government’? As per section 2(53) of the CGST Act, 2017, ‘Governme...

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Roll out of facility to provide access of ‘Closed Assessment Proceedings’

ITBA - Audit Module Instruction No. 10 (14/01/2020)

It is informed that for the purpose of carrying out Revenue Audit of the cases completed in e-proceeding mode, the facility to access 'Closed Assessment Proceedings' is now made available for AO Staff user in Income Tax Business Application w.e.f. 14/01/2020....

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TDS should not be deducted on GST Component of an invoice

From the last month GST has been applicable. But still many taxpayers have lots of queries. Here I am dicussing a general query which many taxpayers are facing. Whether TDS should be deductible on GST component of an invoice or not?...

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Providing access of e-assessment records to Revenue Audit Party – reg

F.No. Systems/ ITBA/Audit Module/2019-20 (14/01/2020)

It has been decided that till the time customized functionality to provide access to RAPs is developed, the staff/inspectors posted with assessing officers shall facilitate RAPs to access records of completed assessment proceedings in view-only mode....

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Tax on Gifts in India

Article explains Income Tax Treatment of Immovable Property Received as Gift Without Consideration or for Inadequate Consideration, Any property other than immovable property received Without consideration of For Inadequate Consideration, Gifts from Friends and Unrelated Persons, Gift from Relatives, Gifts Received at Wedding, Gift Receiv...

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Validity of Approval for Reopening by CIT for wrong application of Law by AO

ITO Vs Krish Homes Private Limited (ITAT Jaipur)

The question that arises for consideration is where there is no new material brought on record by the Assessing subsequent to completion of original proceedings u/s 143(3) and where the matter was duly examined during the original assessment proceedings, whether the Assessing officer can still acquire jurisdiction by exercising powers u/s...

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Income Tax Appellate Tribunal – An Introduction

Article is all about Income Tax Appellate Tribunal. It mainly informative about Appealable orders in case of appeal by the taxpayer, Appealable orders in case of appeal by the Commissioner, Time- limit for presenting appeal, Memorandum of cross objection, Documents to be submitted with appeal, Fees for filing the appeal, Filing of additio...

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Good knowledge of law a must for those in practice

Time For Full/Good Knowledge Of Laws For Tax Practitioners, Chartered Accountants In Order To Save Themselves And Doing Work Of Clients As Per Legal Provisions...

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AAR does not have jurisdiction to go beyond issues referred: HC

Abbott Healthcare Private Limited Vs Commissioner of State Tax Kerala (Kerala High Court)

Abbott Healthcare Private Limited Vs Commissioner of State Tax Kerala (Kerala High Court) Authority for Advance Rulings does not have jurisdiction to go beyond issues referred It is the case of the petitioner that as per the business model operated by it in the State of Kerala, it places its diagnostic instruments at the premises [&hellip...

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Widening of Tax Base & Curbing Tax Evasion in India

We always noticed that during every return filing season the newspapers are flooded with advertisements by income tax department reminding, requesting & warning you to file your returns, pay your taxes and refrain from any tax evasion. Over the past couple of years, India's leaders have raised the issue of tax evasion & the need to widen ...

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No Service Tax on Commission paid to director, considered as salary by I-T department

Vectus Industries Ltd. Vs Commissioner of Service Tax (CESTAT Allahabad)

Vectus Industries Ltd. Vs Commissioner of Service Tax (CESTAT Allahabad) If the entire remuneration stands considered by Income Tax Authorities as salary, the same cannot be considered as service, so as pay the service tax. The Income Tax Authorities are the prime authority to adjudge the said issue. If according to the learned Advocate t...

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Computation of Interest Income Pursuant to Secondary Adjustments

Finance Act, 2017 inserted a new Section 92CE in the Income-tax Act, 1961 with effect from 1st day of April, 2018 to provide for secondary adjustment by attributing income to the excess money lying in the hands of the associated enterprise....

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ICMAI mandates 15 Month Practical Training for students

Ref. No.: G/128/1/2019-2020 (14/01/2020)

1. Under this scheme students are required to undergo a Practical Training for at least 15 months instead of 6 months. 2. This training scheme will be applicable for the students registering in Intermediate Course for the December 2020 term examination onwards....

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GST order not valid if passed without opportunity of hearing to assessee

Gaya Marketing Vs State of Bihar (Patna High Court)

HC find that the order dated 26.09.2018 to be not assigning any reasons whatsoever. Also, HC noticed that prior to passing of the impugned order, no opportunity of hearing was ever afforded to the writ-petitioner. As such, there was gross violation of principles of natural justice in passing of the impugned order....

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Notification No. 4/2020-Customs (N.T./CAA/EXTENSION/DRI) Dated 14.01.2020

Notification No. 4/2020-Customs (N.T./CAA/EXTENSION/DRI) (14/01/2020)

Appointment of CAA by DGRI vide Notification No. 4/2020-Customs (N.T./CAA/EXTENSION/DRI) Dated: 14th January, 2020 Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Directorate of Revenue Intelligence Notification No. 4/2020-Customs (N.T./CAA/EXTENSION/DRI) New Delhi, dated the 14t...

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SION for Stainless Steel Washers appearing under C-888 stands suspended

Public Notice No. 56/2015-2020-DGFT (14/01/2020)

The Standard Input Output Norm as appearing at serial number C-888 for export of Stainless Steel Washers of different grades stands suspended with immediate effect....

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Avenues to Save Tax in F.Y. 2019-20

Author discusses 7 Avenues to Save Tax in F.Y. 2019-20 which includes Deduction under Section 80C on Specified Investments or Expenses, Deduction for Contribution to the National Pension System, Deduction for payment of Health Insurance/Mediclaim Premiums, Deduction on Home rent paid by you, Deduction on the interest on your home loan, De...

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CBDT relaxes conditions of filing of ITR I & ITR-4 for AY 2020-2021

The CBDT relaxed eligibility conditions related to filing of ITR Form-1 and ITR Form-4 for Assessment Year 2020-2021. For ensuring that the e-filing utility for filing of return for the assessment year 2020-2021 is available as on 1st April 2020, the Income-tax Return (ITR) Forms ITR-1 (Sahaj) as well as ITR-4 (Sugam) for the assessm...

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November 2020