"31 May 2020" Archive

Form ITR-1 Sahaj – AY 2020-21 | Applicability & Additional Disclosures

CBDT has notified new ITR form for AY 2020-21 vide notification No. 31/2020 dated 29.05.2020. This article explains Form ITR-1 Sahaj Applicability and additional disclosure required compared to previous year Form ITR-1. This Form ITR-1 Sahaj can be filed by an individual resident (other than not ordinarily resident) having total income up...

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Posted Under: Income Tax |

GSTR-2A B2B Consolidated Party Wise Report Utility

The utility attached herewith which will helps you in merging All GSTR 2A Excel Sheet & Prepares the Consolidated Party Wise Detailed Report....

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Posted Under: Income Tax |

Are buyers liable for deposit of Tax under GST by selling dealer?

Introduction :- Section 16(2)(c) of the Central Goods and Service Tax Act 2017 ( Act) states that subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply. Further Sectio...

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Posted Under: Income Tax |

GST Series Part 8- Valuation of Taxable Supply | Section 15 | CGST Act, 2017

1. The term ‘Valuation’ is significant under the GST Act as it will determine the amount of tax to be paid by the supplier of the goods or/and services. Section 15 of the CGST Act 2017 talks about the valuation of the supply of goods or/and services supplied in different circumstances and to a different […]...

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Posted Under: Income Tax |

Major Changes In Income Tax Law for AY 2020-21 & AY 2021-22

Article explains Major Changes In Income Tax Law for Assessment Year (AY)  2020-21/ Financial Year (FY) 2019-20  and AY 2021-22/FY 2020-21 which includes changes in Tax Rates, TDS Rates, Depreciation Rates, Widening of Scope of Form 26AS,  Changes in the provisions related to NRIs, Tax Treatment of Dividends Changed, Fresh Registration...

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Posted Under: Income Tax |

COVID 2019 : Impact & Strategies

The recent Outbreak of COVID 2019, a Pandemic in a sort has affected Human beings on the Earth in a Shock beyond repair. Human Life never before in the history of mankind has seen such a worst phase of his life in the Year 2019 and is still continues in 2020 and only GOD knows […]...

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Posted Under: Income Tax |

A guide on General Precautions for Covid-19 Prevention

This guide on COVID-19 is prepared by GIPARD in consultation with the Department of Preventive & Social Medicine, Goa Medical College & Hospital; in the larger public interest and for the benefit of different sections in the society, so that they can take the necessary precautions and protect themselves as well as others from gett...

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Posted Under: Income Tax |

Summary of section 185 of Companies Act, 2013: Loan to Directors

The summary of the provision related to Loan to Directors as per section 185 of the Companies Act, 2013 is given below: A. Compliance required: Section 185(1) 185(2) Facility Provide Loan, Give Guarantee or Provide Security Provide Loan, Give Guarantee or Provide Security Lender Any Other Company Any Other Company Borrower a) Its director...

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Posted Under: Income Tax |

ICAI Advisory on unauthorised use of Trademark ‘ICAI’

Mark 'ICAI' which is the acronym of the Institute has acquired a distinctive character and as it exclusively considered to be associated with Identity of Institute of Chartered Accountants of India (ICAI)....

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Posted Under: Income Tax |

Appeal to President, ICAI for deferring May 20 exams to November 20

It is prayed to merge the May 2020 exam with November exams and initiate the remedial measures of providing options of students to their chosen groups etc. Further in a stressful and trying situation, and I look forward to your understanding to make decisions in a timely and well-informed manner....

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Posted Under: Income Tax | ,

No penalty for mere upheld of additions by CIT (A)

PCIT Vs Junjab National Bank (Delhi High Court)

PCIT Vs Junjab National Bank (Delhi High Court)  Merely because additions made by the Assessing Officer have been partially upheld by the CIT (A), would not confer the ground to initiate proceedings under Section 271(1)(c) of the Act of imposition of penalty, unless it is found that there is concealment of material facts, or furnishing [...

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On mere change of opinion, the concluded assessment cannot be reopened

Akshaya Souharda Credit Cooperative Limited Vs ITO (ITAT Bangalore)

Akshaya Souharda Credit Cooperative Limited Vs ITO (ITAT Bangalore) The issue under consideration is whether A.O. is correct in re-opening of assessment based on the same material on which he relied at the time of assessment u/s 143(3)? The assessee is a co-operative engaged in providing credit facilities to its members. The assessee file...

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ITAT upheld section 69 Addition for cash found in bank locker

Smt. Bhawna Babbar Vs ACIT (ITAT Delhi)

The issue under consideration is whether A.O. and CIT is correct in making an addition u/s 69 for cash found during search in bank locker?...

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HC directs for Issue of GST refund delayed due to Processing by officer interface option

Akay Flavours & Aromatics (P) Ltd. Vs CBIC (Kerala High Court)

Akay Flavours & Aromatics (P) Ltd. Vs CBIC (Kerala High Court) In the given case, the petitioner has later filed amendments in the GST returns with IGST amounts, therefore, the refunds can be processed through an officer interface option, which is already availed in ICES. Necessary action to sanction IGST refunds in the instant case [...

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HC not to interfere despite Writ application filed, when order in form GST MOV 11 already been passed

Shiv Agro Vs State of Gujarat (Gujarat High Court)

Shiv Agro Vs State of Gujarat (Gujarat High Court) For final decision regarding confiscation of goods and conveyance under GST, the applicant has to file statutory appeal under Section 107 of the G.S.T. Act before the appellate authority. Filing writ petition before court will not able to solve the issue since they will not interfere [&he...

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For some bogus purchases Entire purchases can’t be added to income

Sonal Parekh Vs ITO (ITAT Ahmedabad)

Sonal Parekh Vs ITO (ITAT Ahmedabad) The issue under consideration is whether the addition under section 69C for Bogus purchases are justified in law? In the give case, A.O. has received the information from VAT department that the assessee is dealing with Hawala dealers for some purchases and hence he has re-open the assessment. AO [&hel...

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Cancellation of GST Registration without considering reply of Taxpayer- HC Set aside the order

Great Sands Consulting Private Limited Vs Union of India & ors. (Bombay High Court)

Great Sands Consulting Private Limited Vs Union of India & ors. (Bombay High Court) In this case order cancelling GST Registration has has been passed without considering the reply and on the ground that no reply is filed, the impugned order will have to be set aside and the proceedings will have to be restored […]...

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Nature of rent Income not changes merely for Agreement Type

Mahle Filter Systems Pvt. Ltd. Vs Addl. CIT (ITAT Delhi)

Mahle Filter Systems Pvt. Ltd. Vs Add. CIT (ITAT Delhi) The issue under consideration is whether A.O. is correct in treating the ‘rental income’ as ‘income from other sources’? The assessee has disclosed rental receipts from its factory building and after deducting 30% as per provisions of section 24 of the Act, income from house ...

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TReDS- Better measure for cash flow problems of MSMEs in Lockdown

Better Measure for cash flow problems for MSMEs in Lockdown scenario- TReDS- Trade Receivable Discounting System India is in lockdown from over 68 days due to COVID 19 situation and lockdown has depicted the big impact on the economy of India. Since lockdown, no business activity has happened except some essential businesses, so MSME sect...

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Posted Under: Income Tax |

Provisional Assessment in GST & Assessment Forms

Provisional assessment under GST If the taxable person is unable to determine the value of goods or services or both or determine the rate of tax applicable thereto, he may request the officer for payment of tax on a provisional basis and the officer shall pass an order, within ninety days from the date of […]...

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Posted Under: Income Tax |

Capital Gain tax payable on sale consideration receipt despite Release Deed at a later date

Shri I. Seshagiri Rao Vs ITO (ITAT Hyderabad)

Shri I. Seshagiri Rao Vs ITO (ITAT Hyderabad) The issue under consideration is whether the capital gains will be applicable where assessee signed a release deed waiving all his rights, title and interests in the property? During the assessment, the A.O. found that the assessee had entered into a release deed and also a supplementary [&hel...

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Capital crunch in business- 11 possible ways of refinancing

Capital crunch in business – 11 possible ways of refinancing your business- ‘ART OF FUND RAISING’ Art of Fund Raising ♦ Business profile should be sound. ♦ CIBIL Record should be good ♦ Documentation should be complete. ♦ Project Report/Projections should be sound. ♦ Bank transactions should be frequent with consta...

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Posted Under: Income Tax |

Goods Transport Agency Services under GST regime

1. Introduction 1.1 Transportation and Logistics is an important aspect of any economy and vital component of businesses. It is this part or activity which is responsible for movement and/or flow of goods from the place of manufacture to the end consumers. Approx. 14% of the Gross Domestic Product (GDP) is spent on transport and […...

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Posted Under: Income Tax |

Hidden features in new 26AS Form under Income Tax

26AS Form in new format under I-Tax Rule 114-I have been notified wef 1.6.2020. Please note all the information in it is auto populated and earlier it was mainly providing information wrt Tax (TDS, TCS, Advance Tax etc) alongwith Gross Income only. But now new 26AS form shall be a complete profile of taxpayer’s financial […]...

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Posted Under: Income Tax |

Procedure of Right Issue as per Companies Act-2013

Right Issue – One of the method to further issue of share Capital in the Company. Right issue is described under Section 62(1)(a) of Companies Act 2013 & it is one of the method to further issue of Share Capital in the Company. In right issue the right is given to the existing equity shareholders […]...

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Posted Under: Income Tax |

Forensic Review in Insolvency and Bankruptcy Code 2016

Transactions specifically related to Sections 43 to 46 and Section 66 of the Insolvency and Bankruptcy Code, 2016 are being looked at by the forensic experts. These sections deal with identifying preferential and undervalued transactions, and those deliberately entered into to defraud creditors. These sections also deal with identifying u...

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Posted Under: Income Tax |

Dividend Distribution Tax Abolishment (Advantageous to MNCs)

Abolishment of Dividend Distribution Tax [Advantageous To Multinational Companies (MNCs)] This article is focused on one of the key amendments proposed in union budget 2020 i.e. abolishment of Dividend Distribution Tax. We have analysed here the impact of DDT abolishment on resident as well as overseas shareholders with the help of facts ...

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Posted Under: Income Tax |

All about CARO, 2020- Brief Analysis

CARO 2020 was notified by MCA vide Notification S.O. 849(E) dated 25th February, 2020 and it was suppose to be applicable to report of Companies to whom this applies for financial years commencing on or after the 1st April, 2019 but considering Covid-19 MCA has has vide its order No. S.O. 1219(E) dated 24th March […]...

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Posted Under: Income Tax |

Health Care Services under GST-Detailed Analysis

Health Care Services are exempt supply under GST since 01-07-2017. Health Care Service is very costly for a common man as well as middle class group in India. Exemption from GST tax on this Service is like ‘आटे में नमक के बराबर (Equal to salt in flour)’. Health Care Services relating to treatmen...

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Posted Under: Income Tax |

House Rent Allowance (HRA) Exemption Calculator

THIS HRA CALCULATOR GIVES AN IDEA ABOUT – a) How is Exemption u/s 10 (13A) given? b) What are the requirements for claiming deduction u/s 10 (13A) and who is eligible? c) What are the TDS requirements in respect of rent paid? d) Format of Rent Receipt and Declaration to be given by landlord who […]...

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Posted Under: Income Tax |

Section 194M TDS deduction by certain individual or HUF on certain expenses

Section 194M related to deduction of TDS on Payment of certain sums by certain individual or Hindu undivided family was introduced by the Finance Act 2019. As per Section 194M any person being an individual or HUF making payment to any resident for carrying out any work  in pursuance of contract, by way of commission […]...

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Posted Under: Income Tax |

Section 185- Loan, Guarantee & Security to Director & related parties

1. Objective of Section 185 of Companies Act, 2013:- In order to prevent Directors and their related persons to derive out the funds of the company by way of presenting loan with an intention to not to repay such amount subsequently. Hence that loan becomes non performing asset for the company. 2. Legal Provisions of […]...

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Posted Under: Income Tax |

Investor protection and education- The Focus is on

INTRODUCTION The purpose of enlightening us to this concept is to make an assessment of the prevailing investor protection and education regime in India. It throws light at the laws, rules, and regulations governing investor protection and education in the country and reviews the quality of their enforcement. Investor protection affects s...

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Posted Under: Income Tax |

6 key changes in ITR forms for the AY 2020-2021

Income Tax Returns Forms 1 to 7 for A/Y 2020-21 Notified. 6 key changes in ITR forms for the AY 2020-2021: 1. Passport One needs to disclose the Passport number if held by the taxpayer. This is to be furnished both in ITR 1-Sahaj and ITR 4-Sugam. Hopefully, it will be made mandatory in other […]...

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Posted Under: Income Tax |

Further extensions of validity of Peer Review Certificate- Reg.

Peer Review Board has granted further extension to Practice Units mentioned at Point no. C hereunder. These should be read in conjunction with the Announcement dated 30.3.2020 which had already covered cases at point no. A and B....

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Posted Under: Income Tax |

Follow these steps to get your PAN instantly

Getting a PAN has never been this easy! All you need, is your Aadhaar number. Just visit the e-filing portal of IT Department & follow the steps provided to generate your ePAN, within minutes! Click to apply now:  https://www.incometaxindiaefiling.gov.in/e-PAN/index.html?lang=eng  ...

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Posted Under: Income Tax |

Rule 12 of Income Tax Rules wef 29.05.2020 | ITR | AY 2020-21

Taxguru Team compiled the Rule 12 of Income Tax Rules based on the RECENT amendment in rule 12 vide Notification No. 01/2020-Income Tax dated 3rd January, 2020 and Notification No. 31/2020-Income Tax dated 29.05.2020 for ready reference of our readers. Changes are Marked in Red Coloure. Revised Rule 12 of Income Tax Rules are applicable [...

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Posted Under: Income Tax | ,

Start Up Idea Post Covid-19: HR & Recruitment Consultancy

Due to outbreak of ‘COVID-19’, there is lockdown in the entire country. Everyone is talking about slowdown in the economy due to reduction in demand, lower income levels, job cuts & consequently fall in GDP figures. There is lot of uncertainty how businesses can survive. ‘Uncertainty’ refers to situations involving imperfect...

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Posted Under: Income Tax |

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