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Archive: 26 January 2020

Posts in 26 January 2020

Section 83 of CGST Act- Power to provisionally attach bank accounts

January 26, 2020 11307 Views 0 comment Print

Power to provisionally attach bank accounts is a drastic power. Considering the consequences that ensue from provisional attachment of bank accounts, the Courts have repeatedly emphasized that this power is not to be routinely exercised. Under Section 83, the legislature has no doubt conferred power on the authorities to provisionally attach bank accounts to safeguard government revenue, but the same is within well-defined ambit. Only upon contingencies provided therein that the power under section 83 can be exercised. This power is to be used in only limited circumstances and it is not an omnibus power.

Artificial Intelligence: Future of Finance

January 26, 2020 3987 Views 0 comment Print

Artificial Intelligence (AI) is a form of computer science used to create intelligent machines that can recognise human speeds, objects, can learn, play and solve problems like humans. AI can support companies in performing accounting and legal tasks within limited amount of time.

Direct Payment of THC to Terminals – A Measure to Bring in Transparency

January 26, 2020 5022 Views 2 comments Print

Terminal Handling Charge (THC) is currently levied by the port terminals on the shipping lines for services such as unloading cargo containers from the ship and carting them to the storage yard in case of imports and vice versa for exports. THC is charged by both the load port and discharge port and that is […]

S 11B limitation held applicable in accumulated Cenvat credit refund is bad law- Part 1

January 26, 2020 1923 Views 0 comment Print

Local taxes & duties cannot be exported & this is the principle followed the world over under the aegis of the WTO. This basic principle cannot be violated  & if the government does that by implying a limitation period not appearing in the law then it is violation of Basic Principles of Law. It is […]

Term ‘ORDINARY COURSE OF BUSINESS’ under Companies Act, 2013

January 26, 2020 47862 Views 1 comment Print

Article explains Meaning of Ordinary Course of Business, Provisions under the Companies Act, 2013 in Tabular format in which the term ‘Ordinary Course of Business’ is used, Ordinary Course of Business w.r.t, Section 180 of the Companies Act, 2013, Ordinary Course of Business w.r.t, Section 188 of the Companies Act, 2013 and Use of Ordinary […]

Section 194M TDS on payment to resident contractors & professionals

January 26, 2020 38571 Views 7 comments Print

The Union Budget 2019-20 for the FY 2019-2020 was presented on 05th July 2019. The Budget proposed new Sections for TDS such as 194M which is applicable from 01st September, 2019. Article explains Reason for introduction of Section 194M, Meaning of Section 194M, Person liable to deduct TDS under Section 194M, Time limit for Tax […]

Odomos is not a Medicine and is a Mosquito Repellent: HC

January 26, 2020 4869 Views 0 comment Print

The materials in the records before the authorities below corroborate the fact that the petitioners pitched the product in their sale material and advertisements as a mosquito repellent. Various mosquito repelling qualities are identified as defining characteristics of the subject goods in the market.

Bogus LTCG – ITAT refuses to grant Stay of Demand

January 26, 2020 1179 Views 0 comment Print

Shri Anoop Jain Vs ACIT (ITAT Delhi) The learned departmental representative vehemently objected to the stay petition and stated that assessee has obtained the bogus long-term capital gain in penny stock and therefore it does not deserve stay of demand. He further submitted that there are equal numbers of judicial precedent against the assessee and […]

Gain on Transfer of development rights of a plot cannot be treated as Short term for delay in registration of Acquisition

January 26, 2020 654 Views 0 comment Print

Whatever rights the assessee acquired in the said plot started from 1997, during which year the substantial payment for purchase consideration was also made. The said consideration was recognized in the later registered document, which established the case of assessee of having acquired the rights way back in 1997. Accordingly, the gains arising on transfer of development rights in the hands of assessee would be assessed as ‘long-term capital gains’.

Remove GST Audit from statute book

January 26, 2020 3822 Views 1 comment Print

Recently a letter from Advocate Sushil Verma* is doing rounds on Social Media and on few websites. In his letter Mr. Sushil has highlighted complexities in GST and suggest to remove GST Audit.  *We do not confirm the Authenticity of below letter and its Author. Dated: 22nd January, 2020 Hon’ble Prime Minister of India, South […]

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