"28 March 2020" Archive

Section 10(2) Exemption to amount received by co-parcener from HUF

Provisions of section 10(2) of the Income Tax Act exempt any sum received by a co-parcener from a Hindu Undivided Family if – The sum is received out of the income of the family; or The sum is received out of the income of the estate belonging to the family. Under the present article, we […]...

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Posted Under: Income Tax |

CIT cannot exercise revision power if AO had taken permissible view on the issues

Eveready Industries India Ltd. Vs PCIT (ITAT Kolkata)

While passing the assessment order AO had followed the permissible view in law which could not be said to be 'unsustainable in law'. Therefore, the jurisdictional facts for usurping the jurisdiction u/s 263, being absent, the action of CIT to exercise revisional jurisdiction was without jurisdiction and all subsequent actions were 'null' ...

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Contribution to PM CARES Fund shall qualify as CSR expenditure

eF. No. CSR-05/1/2020-CSR-MCA (28/03/2020)

The PM-CARES Fund has been set up to provide relief to those affected by any kind of emergency or distress situation. Accordingly, it is clarified that any contribution made to the PM CARES Fund shall qualify as CSR expenditure under the Companies Act 2013....

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Changes in Branch Names of Merged PSU Banks from April 1, 2020

Press Release: 2019-2020/2136 to 2139 (28/03/2020)

RBI issues Press Rleases on 28.03.2020 specifying that Branches of Allahabad Bank to operate as branches of Indian Bank from April 1, 2020, Branches of Andhra Bank and Corporation Bank to operate as branches of Union Bank of India from April 1, 2020, Branches of Oriental Bank of Commerce and United Bank of India to […]...

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NCLAT releases Flipkart India from Corporate Insolvency Resolution Process (CIRP)

Neeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT)

Neeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT) we have found that demand notice delivered under Section 8(1) of the Code was not proper and was also incomplete. The Operational Creditor failed to submit any documents to prove in existence of the Operational debt and the amount in The Operational Creditor also failed t...

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Posted Under: Income Tax | |

Determination of Residential Status of Individual under Income Tax Act

Introduction: Determination of the residential status under Income Tax Act plays a vital role in to determine whether a person comes under the tax net or not. Section 6 of the Income Tax Act deals about the concept of resident for Income tax purposes. Finance Act 2020 dated 23.03.2020 amends Section 6 of the Income […]...

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Posted Under: Income Tax |

Are you deducting TDS of Online Shopping Websites?

It’s the era of e-commerce. Websites like Amazon, Flipkart, and Paytm are much more than just online shopping destinations. They are now powerful advertising platforms and important stops in the consumer journey. Many MSME vendors have registered themselves on such portals and successfully running their businesses. Every vendor has to p...

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Posted Under: Income Tax |

GST Appellate Authority can condone delay of upto 30 days only

In re the Deputy Conservator of Forests (GST AAAR Karnataka)

In re the Deputy Conservator of Forests (GST AAAR Karnataka) It is evident that GST Appellate Authority being a creature of the statue is empowered to condone a delay of only a period of 30 days after the expiry of the initial period for filing appeal. As far as the language of Section 100 of […]...

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No ITC on goods or services used in construction of shopping Mall for leasing: AAAR

In re Tarun Realtors Pvt. Ltd. (GST AAAR Karnataka)

In re Tarun Realtors Pvt. Ltd. (GST AAAR Karnataka) Restriction contained in Section 17(5)(d) is applicable to goods and services received by a taxable person for construction of an immovable property. When goods and services are received by a taxable person for construction of plant or machinery, there is no bar on eligibility to input [...

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GST on bank charges deducted on inward remittance of exports

It is usual practice for all the exporters of goods / services to receive money in foreign currency. Few exporters would have EEFC (Exchange Earners’ Foreign Currency Account) where they can directly deposit the foreign currency in their account which would be maintained in foreign currency in an Indian Bank. Majority of the exporte...

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Posted Under: Income Tax |