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Archive: 07 February 2020

Posts in 07 February 2020

Transfer of Securities in physical mode under Companies Act, 2013

February 7, 2020 11106 Views 0 comment Print

Section 44 of the Companies Act, 2013 the shares or debentures or other interest of any member in a company shall be movable property transferable in the manner provided by the articles of the company. Sub-section 2 of Section 58 of the Companies Act, 2013 provides that the securities or other interest of any member […]

GST Amendments Proposed by the Finance Bill, 2020

February 7, 2020 12522 Views 0 comment Print

The Article below summarizes the changes proposed in the CGST Act, 2017 and IGST Act, 2017 vide the Finance Bill, 2020 (‘Budget’). Post the enactment of Finance Act, 2020, these changes shall be applicable only when a notification is issued regarding their applicability. 1. Section 10 (Composition Scheme) With the option to avail composition scheme […]

Section 80IBA Time limit for approval of project extended to 31.03.2021

February 7, 2020 7773 Views 0 comment Print

Extending time limit for approval of affordable housing project for availing deduction under section 80-IBA of the Act extended to 31st March, 2021. The existing provisions of section 80-IBA of the Act, inter alia, provide that where the gross total income of an assessee includes any profits and gains derived from the business of developing […]

Deemed dividend provisions not applicable on Normal Business Advances

February 7, 2020 1161 Views 0 comment Print

Receipts of advance against sale of commercial space is not a receipt in the nature of loan or advance as contemplated in section 2(22)(e) of the Income tax Act, 1961 which attracts the provisions of in that section as the said advance is in the nature of business advance which did not fall within the ambit of provisions of section 2(22)(e) of the Income tax Act, 1961.

Appeal not Justified if there is Lack of Strong Contrary Evidence

February 7, 2020 906 Views 0 comment Print

The issue under consideration is whether the assessee can challenge the order of AO for which he has agreed before without there being any contrary evidence?

Section 80EEA Time limit for sanctioning of loan extended till 31.03.2021

February 7, 2020 4461 Views 0 comment Print

Budget 2020: Extending time limit for sanctioning of loan for affordable housing for availing deduction under section 80EEA of the Act to 31st March, 2021. The existing provisions of section 80EEA of the Act provide for a deduction in respect of interest on loan taken from any financial institution for acquisition of an affordable residential […]

Exemption of certain income of wholly owned subsidiary of ADIA

February 7, 2020 2160 Views 0 comment Print

Exemption in respect of certain income of wholly owned subsidiary of Abu Dhabi Investment Authority (ADIA) and Sovereign Wealth Fund Section 10 of the Act provides for exemption in respect of certain incomes and activities under specific circumstances. In order to promote investment of sovereign wealth fund, including the wholly owned subsidiary of Abu Dhabi […]

TDS deductible on Payment to dealers for providing services to customers in lieu of free service coupons

February 7, 2020 17325 Views 0 comment Print

Payments made to dealers for providing services to ultimate customers in lieu of free service coupons surrendered by them were not in the nature of reimbursement of expenditure incurred by dealers but in the nature of payment of consideration pursuant to a contract, as per which dealer provided such services to ultimate customers, accordingly, assessee was obligated to have deducted tax under section 194C from payments towards service coupons to its dealers.

No Penalty on Income declared in revised return filed within limitation period

February 7, 2020 2787 Views 0 comment Print

The provisions of section 271(1)(c) of the Act are penal in nature and they are required to be strictly construed. These cannot be extended by way of liberal interpretation to include the cases, which otherwise, do not fall within the purview and scope of the provisions of section 271(1)(c) of the Act.

AAR held supply of water as part of maintenance services despite separate contract

February 7, 2020 2814 Views 0 comment Print

In re Latest Development Advisory Ltd. (GST AAR Rajasthan) In the instant case, we find that the applicant is providing services to the society (RWA) in two parts viz. all services of maintenance (other than supply of water) and supply of water. We further observe that as a general practice across trade and market, the […]

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