"14 July 2020" Archive

A Brief overview of GST on E-commerce Transaction

Introduction E-commerce does not need any introduction to start with. However, the unique features of e-commerce transactions have always made it a bit complex to levy tax. In e-commerce transactions, the supplier of goods and services may or may not have a permanent establishment or an office in a taxable territory in which he supplies [...

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Reverse Charge Under (RCM) GST – Insights

Reverse charge means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act....

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Law Vs Case Law Role of A Professional (CA And Lawyer)- Part I

By and large,  clients engage CAs  for professional assistance, from the initial stage of preparing and filing tax return,  then during the assessment proceedings, and, thereafter, up to the second appeal stage of ITAT for representation....

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Income from sale of shares is Business income or Capital gains

This article is for better understanding of Treatment of Income from Sales of shares or other securities. Here I am explaining about the possibilities one can treat the income from sale of shares and what are the benefits of it. The article also comprises the corresponding guidelines from CBDT which are self explanatory and fiercest....

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3 Tips for those Making TDS payment through multiple challans

For Deductors’ convenience, CPC (TDS) has established processing logic in the system that can accept a Single Challan per month for reporting of Tax Deposited in following circumstances : Situation 1: Where Payment of Tax Deducted is required under ‘different sections‘ of the Income Tax Act, 1961: The CPC (TDS) system gi...

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Basics of Section 195 of Income Tax Act, 1961

To Whom does Section 195 applies? a) A resident Making Payment to Non-Resident and, b) A Non-Resident making payment to a Non-resident. As per Section 195, it says Any person responsible for paying to non-resident…any person not only includes Resident but also non-resident making payment to a non-resident...

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8 Common Errors resulting in Defective Tax Return & Solutions

1. Error Code 1: Tax computed but GTI(Gross Total Income) is nil or 0? Description: No tax can be computed without providing the details of income. The Assessee should maintain consistency in providing details of income and tax computation in the return of income in the new xml which will be filed in response to […]...

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Depreciation on Goodwill arising out of Amalgamation: Tax Impact

The concept of merger and acquisition was not popular until the year 1988 in India. However, in the last five years merger and acquisition has emerged as a very important tool for growth of Indian corporates. Today, many companies are merging with each other in order to generate more revenues that the companies could have earned individua...

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Treatment of SWEAT Equity Shares under Income Tax Act, 1961

Sweat Equity Shares are Shares or Specified Securities issued at discount or for consideration other than cash to employees or directors of the company as reward their hard work or for their value addition in the progress of the company . These are generally issue in lieu of value additions and against providing Intellectual Property R...

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Section 138 Order for sharing information with Ministry of MSME

Order No. F.No. 225/115/2020/IT A.II (14/07/2020)

CBDT hereby directs that Principal Director General of Income-tax (Systems), New Delhi shall be specified authority for furnishing information to Additional Secretary and Development Commissioner, Ministry of Micro Small and Medium Enterprises, Government of India notified vide Notification No.48/2020 dated 14.07.2020 under sub-cause(ii) ...

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Govt specifies MSME authority for disclosure of assessee information u/s 138

Notification No. 48/2020-Income Tax [S.O. 2345(E)] (14/07/2020)

Govt specifies Additional Secretary and Development Commissioner, Ministry of MSME as authority for disclosure of assessee information under section 138 of Income Tax Act, 1961 vide Notification No. 48/2020 dated 14th July 2020. Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi, the 14th...

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GSTR-3B Interest & Late Fee Calculator – v.1.4.0

Due to Covid 19 pandemic in India, CBIC has extended the Due Dates of filing GSTR returns of various assesses for the months of February 2020 to August 2020. There are different due dates for different types of assessee and due dates also vary based on the Turnover of the assessee which makes the understanding and remembrance of [&hell...

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Provide details of declarants willing to pay dues as per SVLDRS 3

F. No. 267/65/2020-CX-8 (14/07/2020)

As per the data consolidated on the basis of the report received from DG (Systems) and the Zonal Chief Commissioners of CGST & CX, (copy enclosed), it is revealed that an amount of Rs. 3972.01 crores in respect of 23,781 ARNs is pending realisation as on 01.07.2020...

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Refund in GST- A basic understanding

Refund under GST is still perplexity for some people. Many registered person has no idea when they are eligible to get it, in which time period they should apply and what are the process for it. Here general idea of refund to simplify it . General Understanding: When an applicant can claim refund. Section 54(1): […]...

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Deadline extended for Form Submission to avoid TDS Payment

Giving a huge relief in the series, the CBDT has notified extension in the validity of the forms namely 15G & 15H of the F.Y. 2019-20 to June 30 to avoid payment of TDS which was earlier required to be paid in the first week of April every year. Accordingly, now the forms 15G/Form 15H shall be possible to […]...

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GST Updates for the Month of June 2020

GST NEWS LETTER JULY MONTH 1) NIL GSTR-1 & GSTR-3B CAN BE FILED THROUGH SMS W.e.f. from 8th June 2020 NIL return in form GSTR-3B & w.e.f. 1st July, 2020 NIL return in form GSTR-1 can be furnished by SMS and the same shall be verified by registered mobile number based OTP facility. (NN.58/2020-CT dated […]...

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Incorporation of Wholly Owned subsidiary Company or Subsidiary Company of Foreign Company in India

Incorporation of Wholly Owned subsidiary Company or Subsidiary Company of Foreign Company in India 1. Foreign Subsidiary A  subsidiary company of foreign Company in relation to foreign holding means a company in which a foreign holding Company- a. Control the full  composition of the Board of directors or; b. Hold more than  50% of the...

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Corporate Tax Regime In Dubai (UAE) An Overview

Dubai, a major business center in the Middle East has been treated as a tax haven for the Investors / Businessmen. The Taxation system is very satisfactory for the Businessmen and Investors. The corporate tax is set at a maximum rate in the oil and bank sectors in the Emirates. Taxation aspects for Companies in […]...

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E-Voting mechanism under the Companies Act, 2013

E-Voting Mechanism under Companies Act, 2013 1. Section 108 As per this section CG may prescribed the class or classes of Companies and mechanism in which members may exercise his voting by electronics means. 2. Rule 20 of Companies (Management and Administration) Rules, 2014 Applicable on which type of meeting Rule 20(1) On General meeti...

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Substantially Low Rate of Income Tax for Newly Formed Domestic Companies in Manufacturing Sector – Section 115BAB

Substantially Low Rate of Income Tax for Newly Formed Domestic Companies in Manufacturing Sector – Section 115BAB 1. On fulfilling certain conditions every newly formed domestic company in manufacturing sector can optionally choose to pay income tax @15% on its total income for any previous year relevant to the assessment year begin...

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Eligibility of ITR Forms

Quick Summary When to use which ITR form?? ITR 1 (Sahaj) – For Individuals being a Resident (other than Not Ordinarily Resident) having Total Income upto Rs.50 lakhs, having Income from Salaries, One House Property, Other Sources (Interest etc.), and Agricultural Income upto Rs.5 thousand (Not for an Individual who is either Directo...

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Incorporation of Section 8 Company (With Charitable Objects)

Introduction:- According to section 8(1) of Companies Act, 2013, Where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company (a) has in its objects the promotion of commerce, art, science, sports, education, research, social welfa...

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How to Transfer The Ownership of Trademark

A Trademark is an intellectual property, the same as a physical property like land. Just like an owner of land has the right to sell or transfer his/her property, in the same way, the owner of a trademark also has the right to do the same to his/her trademark. Every owner of a trademark owner […]...

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Serious Fraud Investigation Office – “Apercu”

I. INTRODUCTION:  The recent scams and corporate frauds (White-Collar Crimes, to be more specific) saw an enormous rise since past many years like Sahara scam, Satyam Scam, Bofors Scam, 2G Spectrum Scam. It was the time for the Government to impede such frauds which were causing heavy damage to the economy. The Government in the [&hellip...

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How to change Registered Office Address of LLP?

How to change Registered Office Address of LLP? A Limited Liability Partnership (LLP) is created as per the law, hence, it must regulate its day to day affairs according to the LLP Agreement, LLP Act, and the rules and regulations which are framed thereunder. In addition to the LLP Act, LLP is also subject to […]...

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Mahindra Lifespace denies ITC benefit to customers: NAA

S. Ganapathy  Subramania Vs Mahindra Lifespace Developers Ltd. (NAA)

Authority under Rule 133 (3) (a) of the CGST Rules, 2017 orders that the Respondent shall reduce the prices to be realized from the buyers of the flats of the above Project commensurate with the benefit of ITC received by him has been detailed above....

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Foreign Trade Agreements

Indian government has entered as well as in process of entering into trade agreements across both developed and developing markets including FTA with ASEAN/Srilanka, PTA with Peru, Afghanistan, MERCOSUR, CEPA with Korea and Japan, CECA with Singapore and Malaysia and similar possibilities with Canada, Australia, EU, China etc....

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Merger of Partnership Firm with Company through scheme of Merger/Amalgamation

The following question arose for consideration before Ahemdabad Bench of National Company Law Tribunal (NCLT), in a recent case Kediya Ceramics [IA No. 254/NCLT/AHM/2017 in CA(CAA) No. 95/NCLT/AHM/2017]  Whether a registered partnership firm, being a body corporate, can be treated as a company for the purpose of section 230-232 of the Co...

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Provision of cashless facility to the policyholders

Ref. No:IRDAI/HLT/MISC/CIR/189/07/2020 (14/07/2020)

Attention is drawn to the provisions of regulation 31 (d) of IRDAI (Health insurance) Regulations, 2016 wherein every general and health insurance company shall endeavour to enter into agreements with adequate number of both public and private sector network providers across the geographical spread....

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Setting up of Turant Suvidha Kendra (TSK) for faceless assessment

Public Notice No. 82/2020-JNCH (14/07/2020)

Considering the benefits ushered in by providing single point interface, CBIC has decided to extend TSKs to all the Customs formations. Accordingly, TSK is being set up in JNCH with effect from 15.07.2020. This step is being taken in advance of the pan-India rollout of Faceless Assessment, which would be done in phases to be announced soo...

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Setting up of Turant Suvidha Kendra (TSK) for faceless assessment-reg

Standing Order No. 18 /2020-JNCH (14/07/2020)

TSK is being set up in JNCH with effect from 15.07.2020. This step is being taken in advance of the pan-India rollout of Faceless Assessment, which would be done in phases to be announced soon. TSK would be a dedicated cell manned by Customs officer to cater to functions and roles mentioned below:...

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Cashless facility for treatment of Covid-19

The Authority is aware of reports that some hospitals are not granting cashless facility for treatment of Covid-19 despite such arrangements with the insurers. It is also brought to the notice of the Authority that some of these hospitals are also demanding cash deposits from the policyholders....

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