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Archive: 21 February 2020

Posts in 21 February 2020

GAAR Applicability

February 21, 2020 32322 Views 1 comment Print

This article is all about General Anti Avoidance rules (GAAR). These rules come into effect when any transactions are undertaken by being within the provisions of the Income tax Act but the sole purpose of such transaction is to avoid tax. So in order to develop the better understanding about our current topic, let us […]

Questions arising out of new income tax rates

February 21, 2020 4068 Views 3 comments Print

Honourable finance minister while presenting the budget has provided an option to Individuals and HUFs to pay tax according to new rates. The optional rates as per Section 115BAC and their comparison with existing rates are as following. New Rates Existing Rates Sr. No. Total Income Rate Sr. No. Total Income Rate 1 Up to […]

Section 272A Penalty for failure to answer questions or furnish information / returns/ statements or allow inspections etc

February 21, 2020 94644 Views 0 comment Print

The penalty provisions of section 272A of the Income Tax Act covers various penalty like failure to answer the questions or failure in furnishing several information / returns / statements etc. The provisions of section 272A are taken up and explained in the present article. Applicability of provisions of section 272A of the Income Tax […]

Rights of Taxpayer cannot be Subjugated to Inefficient Software Systems

February 21, 2020 1344 Views 0 comment Print

EXPORT REFUNDS- RIGHTS OF TAXPAYER CANNOT BE SUBJUGATED TO THE INEFFICIENT SOFTWARE SYSTEMS High Court of Delhi, in Vision Distribution (P.) Ltd. Vs Commissioner, State Goods & Services Tax   granted refund of tax paid to the exporter who was forced to shell out the  tax amount  despite  availability of unutilised ITC not reflecting in […]

Solve GST problems faced by Trade, Industry & Tax Professionals- Request to FM

February 21, 2020 1995 Views 0 comment Print

Association Of Tax Practitioners,  Ernakulam has made a representation on GST problems faced by Trade and Industry and Tax Professionals. They raised the issues which includes the following- 1. Unable to login due to site showing capacity of 150000 already logged in at all the times. 2. Unable to save data to portal and site […]

Jurisdictional Requirement for assumption of Power under section 148

February 21, 2020 4599 Views 0 comment Print

1. Introduction Section 148 of the Income Tax Act, 1961 is a complete code in respect of the powers conferred with the jurisdictional assessing officer to step into the assessment/reassessment proceedings. In addition, section 148 embodies and inherently carries with it the layers of riders attached primarily falling in nature of the time constraints, assumption […]

MEIS benefit cannot be denied for mere inadvertent error

February 21, 2020 2007 Views 0 comment Print

The petitioner, engaged in the export of leather shoes, had filed a shipping bill claiming duty drawback. The export transaction, the petitioner states, was also entitled for benefit under the Merchandise Exports from India Scheme (MEIS) notified under the Foreign Trade Policy.

Fee for late-filing of ITR is not penalty but a charge for extra service: HC

February 21, 2020 12813 Views 0 comment Print

Fees for late filing of income tax returns under section 234F  was a fixed charge not a penalty for the extra service which the Department had to provide due to the late filing of the Income Tax return.

HC dismisses Appeal against ‘Rajinikanth’ as Tax effect was below minimum limit

February 21, 2020 702 Views 0 comment Print

CIT Vs Shri R. Rajinikanth (Madras High Court) In this case When the matters are taken up for hearing, learned Junior Standing Counsel brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No. 17/2019 dated 8th August 2019, wherein, it is stipulated that appeals shall not be […]

Disallowance of ITC on account of non-payment by Supplier

February 21, 2020 15621 Views 0 comment Print

One of the fundamental principles of GST is seamless credit of ITC across the value chain and country. If seamless flow of ITC is broken in this chain, then same would lead to increase in cost of doing business. In order to claim the ITC, one of the primary and important condition, apart from other […]

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