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Archive: 05 June 2020

Posts in 05 June 2020

Are you creating a Dependent PE taxable in India by appointing a sales agent in India ?

June 5, 2020 9645 Views 0 comment Print

A foreign entity in Japan is appointing an sales agent in India to market and sell their products. They are not setting up an Indian entity, not hiring an employee in India but only appointing a full time agent in India. Can such a person be construed as a permanent establishment (PE) for the Japanese […]

Equity funding in Indian SMEs: Problem Areas

June 5, 2020 1653 Views 0 comment Print

There are numerous advantages of equity funding over debt funding for a business. It available in any difficult financial situation, in any amount with no requirement fixed, guaranteed, periodic repayments or no requirement of any security! They are based on the growth potential & merit of business!! 

Formation of An Approved & Registered Gratuity Trust

June 5, 2020 81024 Views 20 comments Print

Indian and Multinational Companies form Gratuity Trust in terms of Part C of Fourth Schedule of IT Act, 1961 for getting tax benefits available under Section 36 (1) (v) & Section 10 (25) (iv) of the Income Tax Act, 1961. These 2 Tax Benefits Are Not Available To Companies, If They Make The Provision Of […]

ill-health of responsible person is genuine reason for delay in appeal filing

June 5, 2020 4875 Views 0 comment Print

The issue under consideration is whether condonation of delay in filing of the appeal granted for the reason of ill-health of director responsible for decision making?

SC explains distinction between ‘retirement of a partner’ & ‘dissolution of a partnership firm

June 5, 2020 14076 Views 0 comment Print

Supreme court held that there is a clear distinction between ‘retirement of a partner’ and ‘dissolution of a partnership firm’. On retirement of the partner, the reconstituted firm continues and the retiring partner is to be paid his dues in terms of Section 37 of the Partnership Act.

Checklist of GST Compliance for Freight Forwarding Industry

June 5, 2020 9126 Views 0 comment Print

GST compliance for Freight Forwarding has always been challenging the industry enters into many complicated transactions. Therefore, GTA, ITC Reversals, LUT, etc. has to be appropriately in compliance with GST Laws. This is a basic checklist for FF Industry which should be followed in order for FF Companies to be compliant with GST Laws.

Various types of supply under GST- Decoding Definitions (Part II)

June 5, 2020 85950 Views 0 comment Print

Introduction The definition of the ‘chargeable event’ in Tax laws is the most important point of litigation, as it determines whether a transaction would attract levy of taxes in the first place, even though all the other requirements are met. Having briefly understood what constitutes ‘Supply’ from Part I of this Article, in the following […]

Decoding Definition Sections in GST (Part I)

June 5, 2020 9921 Views 0 comment Print

Introduction The Goods and Services Tax Act, 2017 as a concept is a destination-oriented tax law. It brought about major reforms in the Indirect Tax regime and it seeks to align the same with internationally accepted principles. The various concepts which are defined and used in the Acts i.e., both the CGST Act and IGST […]

Admissibility of ITC under RCM | Section 16(4) limitation

June 5, 2020 22281 Views 2 comments Print

Admissibility of Input Tax Credit (ITC) for taxes paid under RCM even after limitation mentioned under Section 16(4) of Central Goods & Services Tax Act, 2017 (CGST Act, 2017). There are lots of controversies rumored among the taxpayers in respect of admissibility of the Input Tax Credit for the amount of taxes paid under RCM […]

1st phase of All India roll-out of Faceless Assessment- Arrangements

June 5, 2020 2715 Views 0 comment Print

A Faceless Assessment Group would consist of Appraisers!Superintendents and Assistant Commissioners!Deputy Commissioners for verification of assessment of any bill of entry that is assigned to this group in the Customs Automated System.

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