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Archive: 26 February 2020

Posts in 26 February 2020

TDS Rates for Financial Year 2020-21 & Assessment Year 2021-22

February 26, 2020 58188 Views 6 comments Print

Article compiles TDS Rate Chart For Financial Year 2020-21 and Assessment Year 2021-22 along with Due date of Payment of TDS and mode of Payment of TDS. Article explains Section under which TDS is deductible and TDS Rate Applicable. Article Covers Change in TDS Applicable from 01.04.2020 which was proposed by Union BUdget 2020 which […]

GST revamps its Help Desk, Introduces toll-free number in 12 languages for taxpayers

February 26, 2020 11835 Views 0 comment Print

GSTN has come up with a new GST help desk calling number ‘1800 103 4786 (or 1800-103-GSTN)’. This number will be toll-free which means that the caller will not be charged for the call. The caller may call on this number on 365 days in a year from 9 am to 9 pm. With the introduction of the toll-free number, the existing contact number for the GST Helpdesk (0120-24888999) has been discontinued.

जीएसटी की 10 गंभीर समस्याएं

February 26, 2020 29769 Views 7 comments Print

जीएसटी – अब समस्याओं का समाधान जरुरी है अब जीएसटी भारत की अर्थव्यवस्था के लिए एक अनिवार्यता है और पूरी अर्थव्यवस्था व्यवहारिक रूप से जीएसटी की सफलता पर ही निर्भर है लेकिन इस समय जीएसटी के सम्बन्ध में जो स्तिथी चल रही है उससे भारतवर्ष के व्यापारी वर्ग की स्तिथी अब असहनीय हो गई है […]

Dept cannot deny to pay after acknowledging the liability to pay

February 26, 2020 1194 Views 0 comment Print

Kishore Jagjivandas Tanna Vs Joint Director of Income Tax (Inv.) & Anr (Supreme Court)  In the facts of the present case, the respondents do not and cannot dispute that they have to refund the seized amount. Further, considerable delay and failure to make the payment constitutes and is inseparable from the cause of action as […]

No IGST liability on ocean freight and hence collected IGST will be refunded

February 26, 2020 3075 Views 0 comment Print

Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) In the given case the HC have reached to the conclusion that no tax is leviable under the Integrated Goods and Services Tax Act, 2017, on the ocean freight for the services provided by a person located in a non-taxable territory by way of […]

Only a member of ICAI can file appeal before Appellate Authority

February 26, 2020 6756 Views 1 comment Print

Neville Nadir Mistry Vs Board of Discipline (Appellate Authority) only a member of the Institute can file an appeal before the Appellate Authority if he is aggrieved by any order as provided under Section 21 A(3) or Section 21B(3) of the Chartered Accountants Act, 1949. During the course of arguments, the complainant conceded that under […]

AO cannot ignore provisions of section 55(2)(b) in computation of indexed cost

February 26, 2020 3228 Views 0 comment Print

Computation of indexed cost of acquisition by the AO, taking the cost of acquisition at the cost price of 15.04.1976 without considering the provisions of section 55(2) clause (b) and taking the base cost inflation index at 406 is bad in law and we direct that Rs. 8,30,000/- must be taken as the cost of acquisition instead of Rs.1,122/-.. So we order accordingly.

AP HC stays recovery of Section 50 Interest on ITC under GST

February 26, 2020 16740 Views 0 comment Print

Considering facts that as per Section 50 of the Central Goods and Services Act, 2017, interest is payable on the delayed payment of tax and that as per the interest statement filed along with the impugned letter, dated 07.02.2020, there was delay in filing GSTR-3B and hence, interest on ‘cash set off’ and ‘ITC set off’ has been calculated and payment thereof has been asked for, recovery of interest against the petitioner, insofar it relates to `I.T.C. set off, shall remain stayed.

No Disallowance for non deduction of TDS u/s 194H /194J in absence of principal-agent relationship & technical services

February 26, 2020 2868 Views 0 comment Print

Disallowance under Section 40(a)(ia) for non deduction of TDS u/s 194H and 194J on account of trade offers amounting to INR 834,92,63,976 provided by assessee to its distributors (HCL Info systems Ltd as well as other distributors) was not justified as there was absence of a principal-agent relationship thus, benefit extended to distributors could not be treated as commission under Section 194H and also, AO had not given any reasoning or finding to the extent that there was payment for technical service liable for withholding under Section 194J.

ITAT stays tax demand because the assessee has a prima facie case in its favour

February 26, 2020 903 Views 0 comment Print

Lucknow Development Authority Vs ACIT (ITAT Lucknow) 2012-13, 2013-14, 2014-15, 2015-16 & 2016-17 Therefore, at the end ITAT approved to stay the outstanding demand for a period of six months from the date of this order or till disposal of the appeals, whichever is earlier, provided the assessee deposits the above noted amounts within the […]

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