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Archive: 20 February 2020

Posts in 20 February 2020

Amended Direct Tax Vivad se Vishwas Bill, 2020

February 20, 2020 17628 Views 2 comments Print

♠ Presently, a large number of Income-tax appeals are pending at various levels of adjudication namely, Commissioner (Appeals), Income Tax Appellate Tribunal (ITAT), High Courts, and Supreme Court. These appeals have been filed by taxpayers as well the Department. ♠ Due to the fact that every year more appeals are filed than are disposed, the […]

No bail to accused for alleged issue of Fake GST Invoices

February 20, 2020 1509 Views 0 comment Print

Briefly the facts of the case are that the applicant Naveen Mutreja was found in possession of fake GST invoices of the company. In this regard, for conducting inquiry, summons u/s. 70 of CGST Act, 2017 was issued to the applicant. However, he has failed to appear before the department. Hence, a complaint was registered against him by the department.

Refund of input Cenvat credit cannot be denied for mere non-registration of premises

February 20, 2020 3309 Views 0 comment Print

High Court of Judicature at Madras has held that the refund of input Cenvat credit cannot be denied just because premises was unregistered, in the case of Commissioner of GST & Central Excise, Chennai Vs. BNP Paribas Sundaram Global Securities, in CMA No. 57 of 2018 dated 18.01.2018. Therefore, the denial of refund for the reasons of a premises being un­registered cannot sustain and the same is set aside.

Remuneration to director attracts GST under RCM

February 20, 2020 25044 Views 0 comment Print

In re Clay Crafts India Pvt. Ltd. (GST AAR Rajasthan) Clay Craft India Pvt Ltd has filed an application before the Rajasthan bench of the AAR to sought clarification on  Whether GST is payable under Reverse Charge Mechanism (RCM) the salary paid to Director of the company who is paid salary as per contract and  […]

Practical issues in Presumptive Taxation – 44AD, 44ADA & 44AE

February 20, 2020 66477 Views 30 comments Print

Under section 44AD from if the Turnover of an assessee being resident individual, HUF, Partnership Firm (not being a LLP) and who is not claiming deduction under section 10A, 10AA, 10B &10BA or deduction under Chapter VI A under the heading ‘C -Deductions in respect of certain Incomes and derives income from any business except

Cash Receipt!! Is it really a Receipt??

February 20, 2020 24945 Views 1 comment Print

Central Government is putting all efforts to curb use of cash which is focused on un-accounted transactions. As we all know, not all transactions that are transacted in cash hold the colour of un-accounted money, the contrary is that all the un-accounted transactions takes place in cash.

Supporting for claim of Leave Travel Concession (LTA) – Mandatory?

February 20, 2020 14118 Views 2 comments Print

Everything you need to know about Leave Travel Concession (LTA) and the mandatory supporting documents for claiming LTA.

House Rent Allowance – Case Study and Provisions

February 20, 2020 46991 Views 12 comments Print

Employees generally receive a House Rent Allowance (HRA) from their employers to meet the cost of a rented house taken by the employee for his stay. This allowance is generally a part of the salary package or as stated in the terms and conditions of the employment.

Revival of Companies | Section 252 | Companies Act, 2013

February 20, 2020 21945 Views 4 comments Print

Section 248 -Power of Registrar to remove name of company from register of companies A company struck-off under Section 248 of the Companies Act, 2013 can be restored in the Register of Companies by an order of the National Company Law Tribunal (NCLT). Who can file an Application and Where to file an Application for […]

Section 40(a)(ia) not gets attracted for lesser deduction of TDS

February 20, 2020 2235 Views 0 comment Print

DCIT Vs Chandabhoy & Jassobhoy (ITAT Mumbai) Section 40(a)(ia) can be invoked only in the event of non deduction of tax (TDS) but not for lesser deduction of tax.  Hence, this will not be the reason to disallow the expense u/s 40(a)(ia) just because of less deduction since section 40(a)(ia) can be invoked only in […]

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