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Archive: 06 March 2020

Posts in 06 March 2020

Object clause alone cannot be a basis to determine head of income

March 6, 2020 1404 Views 0 comment Print

The issue under consideration is whether the rental income earned by the assessee is taxable under the head “Income from House Property” as claimed by the assessee in the return of income or under the head “Income from Business” as held by the AO in the assessment order.

No contravention of EXIM Policy in case finished goods after job work cleared to DTA

March 6, 2020 2055 Views 0 comment Print

Commissioner of Central Excise Vs Universal Ferro & Allied Chemicals Ltd. (Supreme Court of India) Conclusion: Since in the transaction between the UFAC and TISCO, there was no transfer of property in goods to the UFAC and, as such, it could not be considered to be a sale under section 4 of the Sale of […]

Power to conduct Service Tax Audit Upheld by Delhi High Court

March 6, 2020 2097 Views 0 comment Print

Delhi High Court  after hearing detailed arguments  dismissed the Writ Petition filed by the Petitioner and has held that Section 174(2)(e) of the CGST Act, 2017 specifically empowers the authorities to institute any investigation, inquiry, verification, assessment proceedings, adjudication, etc. under Rule 5A of the Service Tax Rules.

ICAI obliged to specify reasons for closure of misconduct case to Complainant

March 6, 2020 3594 Views 0 comment Print

ICAI was under an obligation to provide reasons to the complainant for its prima facie conclusion of the Chartered Accountant being member not guilty of any misconduct on the complaint made by a Complainant. 

HC criticises AO for delaying refunds for window dressing of revenue collection

March 6, 2020 891 Views 0 comment Print

Huawei Telecommunications (India) Company Private Limited Vs Union of India and others (Punjab and Haryana High Court) he note of approval of the Principal Commissioner was also perused by us, the only reason mentioned was that there was an amount outstanding of Rs. 5 crores odd against the petitioner and for the said reason, the […]

Filing of forms in Registry MCA-21 by IRP or RP or Liquidator- MCA clarifies

March 6, 2020 6882 Views 0 comment Print

Filing of forms in the Registry (MCA-21) by the Insolvency Professional (Interim Resolution Professional) (IRP) or Resolution Professional (RP) or Liquidator) appointed under Insolvency Bankruptcy Code, 2016 (IBC), 2016 MINISTRY OF CORPORATE AFFAIRS vide General Circular No. 08/2020 dated 06.03.2020, has issued clarification for statutory compliances in respect of companies under Corporate Insolvency Resolution Process […]

No attachment of property acquired prior to commission of criminal or PMLA offence

March 6, 2020 13440 Views 0 comment Print

Where property acquired could not be attached prior to the commission of a scheduled offence such as criminal offence or introduction of Prevention of Money Laundering Act (PMLA) unless the property obtained from the offence was held or taken outside the country.

Applicability of Tax Audit under Income Tax for Assessment Year 2020-21

March 6, 2020 232533 Views 12 comments Print

​In this article we tried to clear confusion for TAX AUDIT APPLICABILITY from AY 2020-21. Hope you all find it useful, Please give your valuable feedback. & do lt me know if any error. Thanks in advance. The finance Bill, 2020 has brought a major amendment to section 44AB of Income Tax Act, 1961. Moreover, […]

Income from cloud services was neither taxable as ‘Royalty’ nor as ‘fees for included services’

March 6, 2020 7224 Views 0 comment Print

Income from cloud services was neither taxable as ‘royalty’ nor as ‘fees for included services’ as the customers did not operate the equipment or have physical access to or control over the equipment used by the assessee to provide cloud support services and did not make available technical knowledge, experience, skill, know-how etc.

Document containing offer of securities for sale to be deemed prospectus

March 6, 2020 5721 Views 0 comment Print

DOCUMENT CONTAINING OFFER OF SECURITIES FOR SALE TO BE DEEMED PROSPECTUS 1. Any document by which the offer for sale to the public is made shall, for all purposes, be deemed to be a prospectus issued by the company; 2. All enactments and rules of law as to the contents of prospectus and as to […]

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