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Archive: 20 January 2020

Posts in 20 January 2020

HC directs for Issue of GST refund delayed due to Processing by officer interface option

January 20, 2020 1038 Views 0 comment Print

Akay Flavours & Aromatics (P) Ltd. Vs CBIC (Kerala High Court) In the given case, the petitioner has later filed amendments in the GST returns with IGST amounts, therefore, the refunds can be processed through an officer interface option, which is already availed in ICES. Necessary action to sanction IGST refunds in the instant case […]

Section 56(2)(vii)(b) not applicable to Property Purchased before 01.04.2014

January 20, 2020 20943 Views 0 comment Print

Bajrang Lal Naredi Vs ITO (ITAT Ranchi) In the instant appeal, the applicability of Section 56(2)(vii)(b) of the Act as amended by Finance Act, 2013 and applicable to AY 2014-15 in question. On a perusal of pre-amended provisions of Section 56(2)(vii)(b) of the Act, we gather that where an individual or HUF receives from any […]

ITAT explains Provisions of Clubbing of Income of Wife with Husband

January 20, 2020 9882 Views 0 comment Print

Uday Gopal Bhaskarwar Vs ACIT (ITAT Pune) ITAT explains Provisions of Clubbing of Income of Wife with Husband- Allows Losses of F&O Business of Wife to be clubbed with Income of Husband Where the spouse (husband) of an individual (wife) transfers some assets otherwise than for adequate consideration or in connection with an agreement to […]

Donation for Scientific Research cannot be treated as Bogus when doneee confirms use for such Purpose

January 20, 2020 1254 Views 0 comment Print

The Expenses incurred on a Donation made through Banking Channel used for Scientific Research will be allowed to the assessee as Herbicure Foundation has confirmed that the amount has been utilized for scientific research and there is no evidence that the same is returned back in cash.

Remuneration to Partners as Representative of HUF Allowed u/s 40(b)

January 20, 2020 10224 Views 0 comment Print

The issue under consideration is whether remuneration paid to a partner acting in a representative capacity as karta of HUF is allowed u/s 40(b)?

Tunnel construction & related work  falls under earth work & eligible for concessional GST rate

January 20, 2020 1947 Views 0 comment Print

In re Soma Mohite Joint Venture (GST AAAR Maharashtra) The Maharashtra Appellate Authority for Advance Ruling  held that the services provided by the Appellant in the impugned matter qualifies for inclusion under entry 3(vii) of the Notification No. 12/2017-C.T. (Rate), dated 28.06.2017 (as amended by Notification No. 31/2017-C.T. (Rate) dated 13.10.2017). It is evident that […]

How to correct mistakes in GST by DRC-03? Its impact on GST Audit?

January 20, 2020 83319 Views 24 comments Print

There are two gateways through which taxpayer can make payment of GST. One is when the taxpayer makes payment through PMT-06 while filing monthly return GSTR-3B and when the taxpayer has made any mistake of short payment of tax or excess ITC while filing his return then, DRC-03 may be filed for correcting the mistake.

General Data Protection Regulation (GDPR)

January 20, 2020 1374 Views 0 comment Print

The world is witnessing technological advancements now more than ever, thus providing leeway for an increase in the number of cybersecurity breaches and violations of privacy laws. The scope of the internet has broadened to such an extent that the protection of privacy and personal data has become a major concern for all the countries. […]

Pre-sales marketing service by Indian Subsidiary to foreign parent is intermediary services: AAAR

January 20, 2020 2694 Views 0 comment Print

In re Infinera India Pvt. Ltd. (GST AAAR Karnataka) Although the Pre-sales and Marketing Agreement in this Appellant’s case does mention that they are independent contractors and are not to act as an agent of Infinera US in any manner, we find that the actual activity performed by the Appellant as outlined in the BAPA […]

Certain provisions of penalty under SEBI Act w.e.f. 20th Jan 2020

January 20, 2020 4374 Views 0 comment Print

Central Government hereby appoints the 20th day of January, 2020, as the date on which the provisions of Part III and sections 183, 184 and 185 of Part IX of Chapter VI of Finance (No. 2) Act, 2019 shall come into force

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