"01 May 2020" Archive

GSTN ensured ‘Business as Usual’ for GST Helpdesk amid Lockdown

During lockdown, the GST Helpdesk was fully operational and running smoothly through its Toll-free number from 9AM to 9PM serving in 12 languages. The Goods and Services Tax Network (GSTN) with its Helpdesk service partner TechM created a secured virtual environment through next generation and robust technology for their Helpdesk employee...

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Taxability of Legal Services under GST (including registration provisions)

Definition: Legal Services means any service provided in relation to advice, consultancy or assistance in any branch of law, in any manner and includes representational services before any court, tribunal or authority- Notification no. 12- Central Tax(CT) (Rate) dated 28.06.2017....

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GST Accounting of Rule 36(4) of 110% Availment of GSTR 2A

New GST Accounting System Under Rule 36(4) With Respect To 110% Availment of GSTR 2A The businesses have to change the mindset, the way of accounting, the innovative way of doing accounting entries in the ERP systems to remain abreast of the continuous and dynamic changes in Gst rules/ Act. There have been more than […]...

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Paying Guest Accommodation can not be allowed as dwelling unit, liable for GST

As per Notification No. 9 dated 28.6.2017 of integrated Tax Rate, entry no. 13 under SAC 9963 or 9972, Services by way of renting of residential dwelling for use as residence is exempt from GST . Hence no GST is chargeable. According to Schedule –II , clause -2[b] (b) any lease or letting out of […]...

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No interest liability in case of Technical Glitch while filing GSTR 3B- Gujarat HC

Vishnu Aroma Pouching Pvt. Ltd. Vs Union of India (Gujarat High Court)

Vishnu Aroma Pouching Pvt Ltd Vs. Union Of India (Gujarat High Court) In a magic show, every spectator is well aware that magic does not exist but still at the end he is amazed and left in awe by the magician. The so called magic happens right infront of their eyes but unable to decode […]...

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GST on arranging Lorries from Lorry Owner for Transportation

Service Provided By Way of Arranging Lorries From Lorry Owner For Transportation Facilities of Customers and Issuing Lorry Receipts Is Taxable As GTA Services This important ruling has been given by AAR dated 8th July 2019 against an appeal filed by Balasubramanyam Saravana Perumal, registered under GST in the name and style of M/s Chitra...

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ICSI Requests MCA for Relaxations from Company Law Compliance

The Institute of Company Secretaries of India (ICSI) on 30th April, 2020 has made a Request to Shri Injeti Srinivas, IAS Secretary Ministry of Corporate Affairs, for relaxations in the provisions of the Companies Act, 2013 due to COVID-19 Due to COVID-19 outbreak and lockdown situation prevailing in the Country, various provisions of the ...

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Section 35(1)(ii) Donation: HC remands matter back to AO to check capacity of Donor

Krupa Trading Co. Vs ITO (Madras High Court)

In the given case The appellant made a contribution of Rs.1,00,000/- during the year, to M/s.Herbicure Healthcare Bio-herbal Research Foundation, Calcutta. The institution was approved to get the contributions under Section 35(1)(ii) of the Income Tax Act....

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Representation to reduce TDS rate on Professional Fees to 2%

A representation is been made to CBDT Chairman by leading accounting and CA Organisations of India  and it is been requested that current rate of 10% under section 194J of the Act should be reduced to 2% and to Prioritise issue of lower/ nil withholding tax certificates under section 197 of the Act. Full text […]...

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Auto Income Tax Calculator for F.Y. 2020-21 (A.Y. 2021-22)

This article contains Auto Income Tax calculator for Financial Year 2020-21 & Assessment Year 2021-22 in excel format. A circular issued by the CBDT on 13.04.2020 that salaried employees has to chose between the Old and New income-tax regime at the time employers are deducting TDS. OR at the time for filing of ITR. These […]...

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Non-Competent Fee is Capital Expenditure, Depreciation not allowable

Hindustan Coca-Cola Beverages Pvt. ltd. Vs DCIT (ITAT Delhi)

Hence, the order of Assessing Officer was upheld to the extent that the payment of non-compete fee was a capital expenditure and the assessee was not entitled to claim depreciation u/s 32 of the Act on the said capital expenditure....

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Extension & Relief under Income Tax Act due to Covid-19

Detailed Analysis on Extension of Due dates & other relaxation given by Government of India for various Statutory compliance under Income Tax Act,1961 through “THE TAXATION AND OTHER LAWS (RELAXATION OF CERTAIN PROVISIONS) ORDINANCE, 2020“, which came in pubic domain on 31st March 20 and other notifications issued from tim...

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New Tax Regime Versus Old Tax Regime- Analysis & Calculator

It was 1st February 2020, when our Honorable Finance Minister Nirmala Sitharaman had presented the Budget 2020 and came up with paradigm shift in the way Individuals are being taxed i.e. NEW TAX REGIME was introduced vide Sections 115BAC and 115BAD of Income Tax Act 1961. QUESTION IS: Whether this new tax regime is only […]...

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Tax Collected at Source (TCS) in GST

Like Income Tax, GST also Introduce the concept of Tax Collected at Source (TCS). TCS on GST is applicable from 1st October, 2018. There are large numbers of sellers on E-Commerce portals, many of them are unaware about the TCS deduction by E-commerce operator and how to get credit of TCS deducted. What is TCS […]...

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A commendable work by IRS task force to fight COVID-19 Pandemic

FORCE (Fiscal Options & Response to Covid-19 Epidemic), a task force of young IRS officers, hit the headlines this week with its policy paper outlining the recommendations that the CBDT could take to fight with the economic downside due tothe COVID-19 Pandemic. The CBDT has charge-sheeted the senior IRS officers for their rolein leaki...

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Accepted cash deposits above Rs. 20000- Section 271D penalty leviable

N.S.S. Karayogam Vs CIT (Kerala High Court)

Assessee could not establish any 'reasonable cause' with respect of acceptance of the deposits in cash, exceeding the permissible limit, imposition of the penalty was re-affirmed....

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ITAT upheld addition of 12.5% of alleged bogus purchases

Vijay B Shah (HUF) Vs ITO (ITAT Mumbai)

In the given case, the assessee is engaged in the trading of iron and steel. A.O. has reopened the assessment on getting information regarding assessee taking accommodation purchase bills....

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Interest on investments with treasuries & Banks- Eligibility of Section 80P deduction- HC remands matter to AO

Enadimangalam Service Co-operative Bank Ltd. Vs ITO (ITAT Cochin)

Interest income earned from investments with treasuries and banks is part of banking activity of the assessee, and therefore, the said interest income was eligible to be assessed as 'income from business' instead of 'income from other sources'...

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What’s Beneficial– Tax under Old or New Regime for Salaried Employees?

Income Tax is a subject, discussion on which most people tend to avoid, because of its complexity, and ever-evolving nature. To add to it, various provisions keep changing every year on presentation of Budget by Finance Minister on 01st of February. Further, it is that time of the year when declarations have to be given […]...

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Amount received by Retiring Partner not chargeable to Capital Gain Tax

Alankar Saphire Developers Vs DCIT (ITAT Delhi)

ITAT held that a retiring partner took only money towards the value of his share on retirement and when there was no distribution of capital assets going to the partners, there was no transfer of capital asset and consequently, no profits or gain was chargeable under Section 45 (4) of the Income Tax Act, 1961....

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Short Notes on Section 80M deduction Re-inserted vide finance Act , 2020

1) Deductions u/s 80M is a Deduction not an exemption. The very basic difference between exemption & deduction is that losses from the sources of income which is otherwise exempted had no tax treatment & however losses from a income which a allowed as deduction shall have tax treatment in accordance with the provisions of [&hellip...

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Digitalisation of Board Meetings under Companies Act, 2013

The COVID-19 pandemic has drastically altered the way Companies are conducting business. The dependency on the technology has increased considerably. From the secretarial point of view things are no different and many companies are rethinking their approach towards complying with various statutes. Most of the companies had already given a...

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Audit Committee under Companies Act, 2013 & SEBI (LODR), 2015

As per section 177 of Companies Act, 2013 and Rule 6 of Companies (Meetings of Board and its Powers) Rules, 2014, following companies are required to constitute an Audit Committee: (i) All Listed Companies; or (ii) The Public Companies having paid up share capital of 10 Cr rupees or more; or (iii) The Public Companies […]...

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Detailed Analysis of Section 185 of Companies Act, 2013

Article focus on the detailed analysis of Section 185 of the Companies Act, 2013. This Section deals with some prohibitions, some relaxations and some exemptions relating to lending of loan and providing guarantee and security. It also deals with the penalty for contravention of the provisions of the section. PROVISIONS OF SECTION 185(1):...

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Overview of Private Placement under Companies Act, 2013

A company may make an offer or invitation of securities by way of private placement. Coming as it does right after high controversial litigation on the subject of private placement, this is very important provision that would determine when offering securities offering would become a public offer, and therefore will have to comply with a ...

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Issue of Shares Through Private Placement | Companies Act, 2013

Private placement can be explained as a means of raising capital by the companies without going for public issues. Public Issues like Initial Public Offering and Further Public Opening are means of raising capital by the companies. DEFINITION A private placement is a sale of stock shares or bonds to pre-selected investors and institut...

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Process of Appointment of Additional /Managing Director

Process of Appointment of Additional Director (AD) as well as Managing Director (AD) In this editorial author shall discuss the process and provision of appointment of a person as Additional Director as well as Managing Director in Board Meeting. For this purpose Companies have to comply with Following Sections: 1. 161(1) Appointment of A...

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SPICE+ New Company Incorporation

In pursuance of Sections 4,7,12,152,153 of Companies Act, 2013 read with rules made thereunder the Ministry of Corporate Affairs (MCA) deployed the new WEB Form called SPICE+ (INC-32) for Incorporation of all Companies with effect from February 23, 2020. To register a Private limited company, a minimum of two members are required, in case...

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Reliance Jio – Facebook : A Massive Deal

Jio Platforms, a wholly-owned subsidiary of the Reliance Industries Limited (RIL). It is a next-generation technology company building a Digital Society for India by bringing together Jio’s leading digital apps, digital ecosystems and India’s no: 1 high speed connectivity platform under one roof. Jio has built a world-class di...

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Postponement of CMA Examinations for June, 2020 Term

Institute of Cost Accountants of India has decided to postpone the examinations for June, 2020 term due to outbreak of Novel Coronavirus (COVID-19) and subsequent lockdown situation in the country. The Foundation, Intermediate and Final examinations that were scheduled from 11th- 18th June, 2020 will now commence from 20th July, 2020....

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Need of an Hour for Survival of MSME

Epidemics of COVID-19 is not only alarming for the persons who have been infected, but equally or more damaging to the world economy even worst than second world war. Almost all the countries are badly affected and economy of each country in the world is not only showing the negative growth but is eroding liquidity, […]...

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Maharashtra Profession Tax Act- Synopsis of PTEC & PTRC

In this article we have discussed the synopsis of Professional Tax Enrollment Certificate (PTEC) and Professional Tax Registration Certificate (PTRC) in Maharashtra: PTEC: Q 1. Who is liable for PTEC registration? Ans: As per the amendments in the Profession Tax Act 1975, a person (natural / legal) registered under MGST Act is liable to ...

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A Wide Take On Employment During COVID-19

A Wide look upon the SACKING of Employment during novel Covid-19 Pandemic Introduction of Corona:  Date of Birth 31.12.2019 Full Name:  Corona Virus, Known as Covid-19 Place of Birth:  Wuhan China Award:  Declared as pandemic disease by WHO Achievement: Worldwide The more life of this Lockdown is extending, the more list of its impact...

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Covid-19: HC restrains bank from taking coercive action for default in factoring facility

Eastman Auto & Power Limited Vs RBI (Delhi High Court)

The object of issuing notifications/circulars dated 27.03.2020 and 17.04.2020 was to provide financial relief in repayment due to COVID-19 to the parties who have availed the term loans and working capital facilities but this relief is not extended towards factoring facilities....

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Applicability of Doctrine of Mutuality

Recently, the Apex Court in the case of Yum Restaurants (Marketing) Pvt. Ltd. v. CIT bearing Civil Appeal no. 2847 of 2010 (SC), order dated 24th April, 2020 held that the doctrine of mutuality bestows a special status to qualify for exemption from tax liability and exemptions are to be put to strict interpretation. The apex court [&hel...

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SC instructs RBI to ensure implementation of RBI Circular dated 27.03.2020

Kamal Kumar Kalia Vs Union of India (Supreme Court)

Learned counsel for the petitioner submits that  Circular dated 27.03.2020 issued by the Reserve Bank of India has not been implemented by the banks. Hon'ble Supreme Court directs the Reserve Bank of India to ensure implementation of the Circular dated 27.03.2020 in its letter and spirit....

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FAQs on Overseas Direct Investment

Q 1. What is direct investment outside India? Ans: Direct investment outside India means investments, either under the Automatic Route or the Approval Route, by way of contribution to the capital or subscription to the Memorandum of a foreign entity or by way of purchase of existing shares of a foreign entity either by market […]...

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ICSI (Continuous Professional Education) Guidelines, 2019

ICSI has issued New Guidelines for Yearly Credit Hours for Financial year w.e.f. 01st April, 2020. These guidelines came into effect from 01st April, 2020. New Credit Hour Requirements: It is mandatory for all members of the Institute, except those specified in para 5.1 of guidelines (also mentioned below) to secure 20 CPE Credits in [&he...

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How Auditors check compliance of IndAS 19 & AS 15 Revised 2005

As per provisions of Section 129 of the Companies Act 2013, each company has to prepare the Financial Statement such as Balance Sheet & Profit/Loss Accounts at the closure of each financial year in compliance of Accounting Standards as stipulated in Section 133 of the Companies Act 2013, so that they can give a true and fair view ...

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Lessons learnt in the Lockdown!

We all are very much acquainted with the quote- Whatever happens, happens for good! I am sure that none of us has ever experienced such a situation in our lifetime. Unaware as to what is to be done, how will we tackle the daily challenges which have been thrown amidst this pandemic. Eagerly waiting for the lockdown period to end and retre...

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Management at liberty to deduct wages of worker who remains absent voluntarily: Bombay HC

Align Components Pvt. Ltd. Vs Union of India (Bombay High Court)

Align Components Pvt. Ltd. Vs Union of India (Bombay High Court) It is clarifed that since the State of Maharashtra has partially lifted the lock down recently in certain industrial areas in the State of Maharashtra, the workers would be expected to report for duties as per the shift schedules subject to adequate protection, from [&hellip...

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HC allows SBI Bank to claim priority over I-T Refund credited to Defaulter company

State Bank of India Vs Union of India (Hyderabad High Court)

Claim of SBI on income tax refund credited in the the defaulters’ bank account with it would get priority over the government dues including the service tax dues as per section 31-B of the Recovery of Debts and Bankruptcy Act, 1993 and sec. 26E of the SARFAESI Act,2002 w.e.f.1.9.2016....

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National Pension Scheme

National Pension Scheme (NPS) India is a voluntary and long-term investment plan for retirement under the purview of the Pension Fund Regulatory and Development Authority (PFRDA) and Central Government. Q 1. Who can join NPS? Ans: a) Any individual citizen of India (both resident and Non-resident) in the age group of 18-65 years (as on t...

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Guidelines for Funding for Research Studies on Corporate Governance

GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS NEW DELHI-110 003 Phone : 011-24698970, Fax : 24698972 NANDITA MISHRA Economic Adviser D.O. No. 361/4/2020-R&A Dated: 29.04.2020 Greetings from Ministry of Corporate Affairs. Hope you are all safe in these unprecedented difficult times that the world is seeing now. Taking matter forw...

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EPFO makes filing of ECR easier for business

In the current scenario of lockdown announced by the Govt. to control the spread of COVID-19 pandemic and other disruptions, the businesses and enterprises are not able to function normally and are facing liquidity / cash crunch to pay their statutory dues even though they are retaining the employees on their rolls....

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NPA an Overview

In the current era the word NPA is well heard or well read by us. The banking industry is facing a high NPA problem which leads to downtrend of profitability. Let us try to understand the NPA mechanism in a simple and lucid manner. In simple words NPA stands for Non Performing Assets. If we […]...

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100% Interest Benefit on Loans For Msmes Based In Haryana Availed For Payment of Wages of Employees

Notification No. 02/04/2020-11B (01/05/2020)

All MSMEs operating in Haryana as on March 15, 2020 will be eligible to 100% interest benefit on loans availed for payment of wages of employees and/or other expenses upto a maximum of Rs. 20,000/- per employee....

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ICES Advisory -Streamlining of Certain Imports Processes in ICES-reg

Public Notice No. 60/2020-JNCH (01/05/2020)

OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-I) MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TALUKA: URAN, DISTRICT RAIGAD, MAHARASHTRA-400707. F. No. S/22-Gen-402/2017-18/AM(I)Part-II Dated : 01.05.2020 Public Notice No. 60/2020 DIN No. 20200578NW00001E822B Sub:- ICES Advisory 16/2020-Streamlining of Certain Imports Processes...

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Eligibility of GST Refund on Account of Deductions

This article is written for analyzing  eligibility of GST refund on account of deductions and the same is analysed with the help of below mentioned case study: Fact: ABC Private Limited has raised B2B Tax invoice of Rs.1 crore to XYZ on 14th January 2019 for the services. In the month of March 2020, XYZ […]...

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Lockdown 3.0 Govt extends lockdown till 17th May (Read Guidelines)

No. 40-3/2020-DM-I(A) (01/05/2020)

After a comprehensive review, and in view of the Lockdown measures having led to significant gains in the COVID-19 situation in the country, Ministry of Home Affairs (MHA), Government of India (Gol) issued an Order under the Disaster Management Act, 2005, today, to further extend the Lockdown for a further period of two weeks beyond May 4...

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Quarantine – A Chance To Ameliorate

Problems!!! Every person on this earth is catered or surrounded by problems. Undoubtedly, species of problem can differ (vary) from person to person but if one can say that he has no problem at all then either he’s making fool to himself or other side party. Despite that, many people have converted their so called […]...

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