"30 July 2020" Archive

Denial of ITC (inverted duty structure) invalid; Rule 89(5) ultra vires section 54(3) Provisions: Gujarat HC

VKC Footsteps India Pvt. Ltd. Vs. Union of India (Gujarat High Court)

High Court held that by prescribing the formula in Sub-rule 5 of Rule 89 of the CGGST Rules,2017 to exclude refund of tax paid on 'input service' as part of the refund of unutilised input tax credit is contrary to the provisions of Sub-section 3 of Section 54 of the CGST Act,2017 which provides for claim of refund of 'any unutilised input...

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E-Invoice under GST for turnover above 500 crore, SEZ excluded

Notification No. 61/2020–Central Tax/G.S.R. 481(E) (30/07/2020)

E-invoicing mandatory for registered person having turnover above INR 500 Crore e-invoice under GST is applicable for assessee’s having turnover in a financial year above Rs. 500 crore with effect from October 1, 2020 and SEZ units are excluded from e-invoicing. Notification No. 61/2020–Central Tax Dated:  30th July, 2020. Irresp...

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CBIC notifies revised Format/Schema for e-Invoice under GST

Notification No. 60/2020–Central Tax/G.S.R. 480(E) (30/07/2020)

CBIC notifies vide Notification No. 60/2020–Central Tax Dated:  30th July, 2020 revised Format/Schema for e-Invoice under GST by replacing existing FORM GST INV-01 with new FORM GST INV-1. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 60/2020–Central Tax Dated:  ...

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E-Invoicing under GST regime

Currently, businesses generate invoices through various softwares and the details of these invoices are manually uploaded in the GSTR-1 return. The invoice information is thereafter reflected in GSTR-2A for the recipients for viewing only. On the other hand, the consignor or transporters generate e-way bill again by importing the invoic...

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Meaning of ‘Turnover/Gross receipts’ under Income Tax & Inclusion of GST

♦ Section 145A of Income Tax Act, 1961 ‘145A. Method of accounting in certain cases.—Notwithstanding anything to the contrary contained in section 145, the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head “Profits and gains of business or professionR...

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HC Grant Bail to person allegedly involved in issuing fake GST invoices

Gaurav Maheshwari Vs State of Rajasthan (Rajasthan High Court)

Gaurav Maheshwari Vs State of Rajasthan (Rajasthan High Court) High Court has decided to grant the bail to the petitioner who is allegedly guilty of creating bogus firms/companies solely for the purpose of fraudulently creating and issuing GST invoices without any sale/purchase and actual movement of goods. Further, the prevailing circums...

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No section 23 Addition of Notional Rent for Vacant Property

Empire Capital Pvt. Ltd. Vs ACIT (ITAT Mumbai)

The issue under consideration is whether the addition on account of notional rent in respect of vacant property is justified in law?...

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No addition for Cash payments in excess of prescribed limit as Assesse given undertaking for not claiming that expenditure

Kalyan Lok Nirman (P) Ltd. Vs DCIT (ITAT Indore)

whether the disallowance u/s 40A(3) of the Act for the alleged payment in cash in excess of the limit prescribed u/s 40A(3) of the Act for making payment for purchase of land is justified in law?...

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All you need to know about TDS Rules before filling your IT returns!

The Government is planning to specify a certain category of taxpayers to pay their entire tax liability for FY 2019-20 in advance, which means such persons shall be required to pay tax even before they got to know their full income and the TDS applicable to it. The new rules shall apply to the taxpayers, whose self -assessment tax [&h...

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Residency Rule Dilemma

*Yashish Sharma Determining the residential status for income tax purposes is a big challenge for this financial year and a part of the previous financial year. This has been a topic of debate as many non – residents had to extend their stay in India, in view of the lockdown and resultant suspension of international […]...

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Law of Evidence in Relation with Taxation laws 

Law of evidence is also known as rules of evidence, which provides the rules and legal principles that, govern the proof of  facts  in  the  legal  proceeding. Law of evidence applies to every Code  or  Act, whether it is  IPC, CrPC or CPC.  In this article we can learn about the provisions of law of […]...

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A Sound Financial Planning: Need of Hour 

To achieve a specific predetermined goal, the person should have a sound plan in his mind. A plan may be called a step/process  towards achieving an Objective or dream to be fulfilled over a period of time. Proper planning is a prerequisite. Well planned Goal mean half achievement of goal. This article deals with Financial […]...

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Extension of income tax Return Due date for AY 2019-20

On July 29, the Centre extended the deadline for filing of original and revised income tax (I.T.) returns for FY 2018-19 (AY 2019-20) till September 30, 2020 vide Notification No. 56/2020-Income Tax Dated: 29th July, 2020. The IT Department said in a tweet – “In view of the constraints due to the COVID-19 pandemic and [&hellip...

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Mandatory Furnishing of Return of Income by Certain Person

Seventh Proviso to Section 139(1) Mandatory Furnishing of Return of Income by Certain Person – Finance Act 2019 High Value Transactions- Currently, a person (other than a company or a firm) is required to furnish the return of income only if his total income exceed the maximum amount not chargeable to tax, subject to certain [&helli...

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OECD’s Multilateral Instrument and its impact on BEPS

One of the biggest problems in today’s international tax regime is the loss of billions of global corporate income tax revenues through the use of legal tax avoidance strategies. ‘Base Erosion and Profit Shifting (BEPS) is a phrase commonly used to refer to tax avoidance strategies that taxpayers use to shift their profits from hi...

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Possibility of Abuse of Corporate Governance in Promoter Driven Companies and its Treatment in Present Law

Possibility of Abuse of Corporate Governance in Promoter Driven Companies and its Treatment in Present Law Corporate governance became popular in India after globalization in early 1990’s and most of the literature pertaining to corporate governance were based either on the Sarbanes-Oxley Act of the U.S or on the Cadbury committee repor...

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ROC (Adjudication) under Companies Act 2013

The Companies Act 2013 under section 454 read with companies (adjudication of penalties) Amendment Rule 2019 provides for adjudication mechanism. The reason for introduction of In house Adjudication Mechanism (IAM) is to promote ease of doing business, to reduce the burden of NCLT and special court because the adjudication is handled by b...

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All About Form AOC-4 (Form for filing of Audited Financial Statements)

The financial statements of a company must be filed with the Ministry of Corporate Affairs every year. Form AOC 4 is for filing the company’s financial statement for every financial year with the Registrar of Companies. Hence, Form AOC-4 is submitted with the MCA for each Financial Year within 30 days of a company’s annual […]...

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Difference in Venture Capital funds, Private Equity & Angel funds

Venture Capital funds, Private Equity and Angel funds Venture capitalist comes at a growing face of a company contribute a seed capital with a low amount of investment in the potential ideas of people. Invest in some limited sources like biotechnology, medical services, communication, electronic components, and software companies, invest ...

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Factors to be considered in case of Motor Vehicle Accident Compensation

Erudhaya Priya vs State Express Transport Corporation Ltd. (Supreme Court)

Erudhaya Priya vs State Express Transport Corporation Ltd. (Supreme Court) In a recent judgment on 27th July 2020, the Supreme Court of India has concluded it shall be necessary to take note of the factors like career prospects and future advancement in life while applying the multiplier method to calculate that while applying the mult...

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Taxation of Business Process Outsourcing Units in India

The provisions containing taxation of IT-enabled business process outsourcing units are not contained in the Income-tax Act, 1961 but are given in Circular No. 5/2004 dated 28.9.2004 issued by CBDT. The provisions are briefed hereunder – ♣  A non-resident entity may outsource certain services to a resident Indian entity. If there is ...

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Income Tax Deadlines that ends on 31st July 2020

Due to the coronavirus pandemic, the government had extended the various due dates for giving relaxations to the taxpayers. In this context, government has been extended the due date for filing of income tax return for financial year 2018-19 (2019-20) to 30th September, 2020 via notification no. 56/2020 dated 29.07.2020. It should be note...

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FAQs on One Time SEBI Settlement Scheme, 2020

Frequently Asked Questions on the SEBI Settlement Scheme, 2020 – One Time Settlement Scheme issued by the Securities Exchange of India on 27th July, 2020....

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ITAT explains legal effect of Omission of clause (i) of Section 92BA

M/s. Bhartia-SMSIL (JV) Vs ITO (ITAT Guwahati)

Since clause (i) section 92A was omitted with effect from 1st April, 2017 and the effect of such omission is that the said clause(i) was never existed in the statute. Hence, Ld. PCIT can not exercise the jurisdiction u/s 263 of the Act....

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IRDAI (Regulation of Insurance Business in SEZ) (Amendment) Rules, 2020

Notification No. G.S.R. 479(E). (30/07/2020)

These rules may be called the Insurance Regulatory and Development Authority of India (Regulation of Insurance Business in Special Economic Zone) (Amendment) Rules,2020....

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HC allows Samsonite to pay profiteered amount in 6 monthly instalments

M/s. Samsonite South Asia Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court)

In this case although learned counsel for respondent-Authority objects to the grant of instalments to the petitioner Samsonite South Asia Pvt. Ltd. , yet this Court keeping in view the COVID-19 pandemic situation, directs the petitioner to deposit the principal profiteered amount i.e. Rs.21,81,20,748/-  in six equated monthly instalments...

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Brief Note on conducting AGM by means of Video Conferencing (VC)/ Other Audio Visual Means (OAVM)

The Ministry of Corporate Affairs has issued various circulars i.e. (circulars no. 14/2020 dated 8th April 2020, 17/2020 dated 13th April 2020, 20/2020 dated 5th May, 2020 and 22/2020 dated 15th June, 2020 for the purpose of conducting Annual General Meeting (AGM) by means of Video Conferencing (VC)/Other Audio Visual Means (OAVM) on acco...

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Merging of June 2020 to December 2020 CS Examination: FAQs

Institute of Company Secretaries of India Q 1. Will December 2020 be the last attempt for Executive & Professional [Old Course] Students? Ans: Yes, December 2020 Session of Examination is the last attempt for Executive & Professional Old Course Q 2. When Students can change the Examination Centre, Module, Medium ? Ans: For Changes...

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CCI notified to share information with Income Tax Department

Notification No. 57/2020-Income Tax [S.O. 2528(E)] (30/07/2020)

Central Government specifies Director General / Secretary, Competition Commission of India for the purpose sub-clause (ii) of clause (a) of sub-section (1) of section 138 of the Income-tax Act, 1961. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 57/2020-Income Tax New Delhi, the 30th July, 20...

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Section 254(2)- Tribunal cannot review its own order: ITAT

ITO Vs Shri Khaliq Ahmed (ITAT Lucknow)

If the Revenue has any grievance against the order of the Tribunal, the Revenue can go before the High Court by filing appeal u/s 260A. The Tribunal cannot recall its own order in the garb of power vested u/s 254(2) of the Act....

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Ex-parte order for non-attendance during lockdown is unjustified

Uttar Pradesh Water Supply and Sanitation Mission Vs ACIT (ITAT Lucknow)

Uttar Pradesh Water Supply and Sanitation Mission Vs ACIT (ITAT Lucknow) Passing ex-parte order when assessee could not attend the proceedings due to lockdown is not justified in law. Since Ministry of Home Affairs, Government of India, vide letter dated 24th March, 2020 had issued directions for stopping of the work of all offices for [&...

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2nd phase of All India roll-out of Faceless Assessment wef 03.08.2020

Circular No. 34/2020-Customs (30/07/2020)

CBIC has decided to begin the 2nd phase of All India roll-out of Faceless Assessment w.e.f. 03.08.2020 by including Delhi and Mumbai Customs Zones and extending the scope of Faceless Assessment at Chennai and Bangalore Customs Zones....

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Section 234E Late filing fees for TDS return is Mandatory: ITAT

Block Development Officer Vs ACIT (ITAT Jaipur)

The issue under consideration is whether the late filing fees for TDS return u/s 234E is mandatory in nature or it can be condone if there is reasonable cause?...

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Assessee fails to explain source of such Cash Deposits- Section 68 Additions justified

Manish Kumar Mukim Vs ITO (ITAT Jaipur)

In view of the above mentioned parameters, ITAT found that the appellant has not been able to discharge even the basic onus to prove the genuineness of cash credits in his bank accounts. Therefore, in their considered view when the existence of the source of such cash deposits is not proven then the A.0 is fully justified in treating such...

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HC allows Patanjali to deposit profiteered amount in 6 installments

Patanjali Ayurved Ltd Vs Union Of India & Ors. (Delhi High Court)

Due to COVID-19 pandemic high court approves that Patanjali can deposits the amount of penalty in question in the consumer welfare fund in six monthly installments....

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Application procedure & criteria for export of 2/3 Ply Surgical Masks

Trade Notice No.: 22/2020-21-DGFT (30/07/2020)

The application procedure and criteria for export of 2/3 Ply Surgical Masks is outlined below: I. Export of only 4 Crore units of '2/3 Ply Surgical Masks ' will he allowed for the month of August. II. Exporters (Both Manufacturers and Merchant exporters) may apply online through DGFT's ECOM system for Export authorizations (Non-SCOMET Res...

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Application procedure & criteria for export of Medical Goggles

Trade Notice No.: 21/2020-21-DGFT (30/07/2020)

The application procedure and criteria for export of Medical Goggles is outlined below: I. Export of only 20 Lakh units of Medical Goggles per month will be allowed for the month of August and September. II. Exporters (Both Manufacturers and Merchant exporters) may apply online through DGFT's ECOM system for Export authorizations (Non-SCO...

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Procedure for export of VTM/RNA Extraction kits/RI-PCR Kit

Trade Notice No.: 20 /2020-21-DGFT (30/07/2020)

I. Export of Diagnostic kits as per the export quota fixed above will be allowed for the month of August. II. Exporters (Only Manufacturers) may apply online through DGFT's ECOM system for Export authorizations (Non-SCOMET Restricted items) – Please refer Trade Notice No. 50 dated 18.03.2019. There is no need to send any hard copy of th...

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Change in Import Policy of colour television

Notification No.22/2015-2020-DGFT [S.O. 2540(E)] (30/07/2020)

DGFT has vide Notification No. 22/2015-2020 dated 30.07.2020 notified the change in Import Policy of colour television sets under HS codes 8528 7211 to 8528 7219. Import policy of colour television sets under HS code 8528 7211 to 8528 7219 is amended from ‘Free’ to ‘Restricted’. Government of India Ministry of Comm...

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Jurisdiction of Commissioner (Appeals) to assessment orders passed by Faceless Assessment Groups – Reg.

Notification No. 63/2020-Customs (N.T.) (30/07/2020)

Notification No.63/2020-Customs(N.T.) dated 30.07.2020 to amend Notification No.92/2017-Customs (NT), dated 28.09.2017 to specify the jurisdiction of Commissioner (Appeals) to assessment orders passed by Faceless Assessment Groups – Reg. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New De...

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Deduction for Interest on deposits in savings account

Section 80TTA has been introduced from this Financial Year [2012-13] and it allows to an employee from his gross total income if it includes any income by way of interest on deposits (not being time deposits) in a savings account a deduction amounting to : (i) in a case where the amount of such income does not exceed in the aggregate ten...

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Government wants you to own a house

The government wants you to own a house and the same becomes evident from the various tax benefits allowed under the income tax laws to the persons who own a house. Let us understand the various beneficial tax provisions which prove that the government wants you to own a house....

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Registration process for online TDS/TCS return filing & upload

Step by step process of registration for online TDS/TCS return filing and upload 1. First of all, allow the pop-ups in your browser (following is the screenshot of chrome browser). Afterwards, don’t forget to block it again. 2. Now open http://tdscpc.gov.in/ and make login as usual. You will find a link with words “Register at [&helli...

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Child Care Leave is a matter of rights of child- Uttarakhand HC

Tanuja Tolia v. State of Uttarakhand & Ors. (Uttarakhand High Court at Nainital)

A full bench of Uttarakhand High Court has upheld the rights of a person working on a contractual basis to have the right of getting child care leave as same as any other regular Government employee.  It was agreed that the child care leave is primarily for the benefit and a matter of right of the child, as a child whose mother happen...

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Determining residential status as per FEMA Law and “major accounts” that can be opened in India by Non-resident Indians

Determining residential status as per FEMA Law and the ‘major accounts’ that can be opened in India by Non-resident Indians When a resident Indian gains non-resident Indian status, it is mandatory by the law to change the residential status in the bank accounts. FEMA rules for NRIs do not allow holding a savings bank account...

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Advance Ruling | Aggregate Turnover & Supplier Location | Definition 2(6) & 2(71) | CGST Act 2017

Overview- Aggregate Turnover As per 2(6) ‘aggregate turnover’ means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanen...

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Brink of Process – Manufacture or Job work under GST?

In current business scenarios it is not possible for manufacturing industry to carry out all the processes within its own premises. In such a condition manufacturing unit will have to get work done from others. Job work industries constitute a significant sector in Indian Economy. Most of the manufacturing entities operated in different s...

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Form Pas-6 | ISIN | Consequences

After the deployment of the E-form PAS-6 on the website of Ministry of Corporate Affairs on 15th of July 2020 various confusions can be seen in the market related to filing of PAS-6, Non dematerialisation of securities and its consequences, consequences of not getting the ISIN by the unlisted Public companies. Here in this article [&helli...

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Section 234A Interest for AY 2020-21: Taxpayer’s hopes are normal as usual but results are opposite as expected

Section 234A Interest for AY 2020-21: Taxpayer’s hopes are normal as usual but results are opposite as expected In view of the challenges faced by taxpayers in meeting the statutory and regulatory compliance requirements due to the outbreak of Novel Corona Virus (COVID-19), the Government has issued Notification dated 24th June 2020 und...

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Analysis of Form PAS-6

Purpose of  Form PAS-6 Reconciliation of Share Capital Audit Report on half yearly basis. Applicable rule: Rule 9A of The Companies (Prospectus and Allotment of Securities) Rules, 2014: MCA issues Circular dated September 10, 2018 amending the Companies (Prospectus and Allotment of Securities) Rules, 2014 by inserting Rule 9A: Issue of s...

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Drop penal action on GST notices for 2017-18 & 2019-20

Request for extension of time for filing Amnesty 2020 Application under various Act and request to drop penal action on notices issued under GST Act and Rules for the year 2017- 18 and 2019-20 and stop fresh notice up to 31-12-2020. Association of Tax Practitioners State Committee, Reg. No: ER.38/87 Devi Nivas, Varghese Thittel Road, [&he...

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10 things to know about Companies Fresh Start Scheme, 2020

Companies Fresh Start Scheme, 2020 (CFSS, 2020) As Per the Provision of Companies Act, 2013, it is a Mandatory for all companies to do Annual Statutory Compliances By filing the Annual Return and Financial Statements. Apart From this Various other Statements, documents, returns etc. are also required to be filed within prescribed time Lim...

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Company and Its Incorporation

(Human is a natural person, whereas company is a legal person) 1. What is a company? Company is nothing but simply a type of business organization to conduct business /trade/ commerce. Company has its origin from two Latin words (com) means together and (pany) means bread, that is to say “come together and earn bread”. […]...

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Intermediary Services vs Export of Services– A misery always

Services provided to foreign clients by commission agents in India has always been a bone of contention between the Government and the tax payers. Such services are always looked upon in the eyes of suspicion by the Government. Even during the service tax regime such services were marked with litigations though most of the judgements [&he...

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Tax on LTCG u/s 112A Vs Tax on LTCG Prior to Finance Act 2018

Taxation of Long Term Capital Gain (LTCG) under section 112A vis a vis Taxation of Long term Capital Gain Prior to Finance Act, 2018 We all saw an Havoc amongst taxpayers when Finance Act, 2018 was announced in the union budget speech specifically among those assessees whose major part of their total income consisted of […]...

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TDS Deposit and Filing TDS Statement – Do’s & Don’Ts

DOs FOR TDS DEPOSIT AND TDS STATEMENT FILING: 1. Deposit TDS and file statement before due dates to avoid last moment hustle and late payment of Interest and Late Filing Fee Respectively. Note, the due date for filing Form 24Q for Q4 of FY 2019-20 is 31st July, 2020 2. Always double check TAN and […]...

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Implication of GST on Joint Development Agreement executed on & after 01st April 2019

Implication of GST on Joint Development Agreement executed on and after 01st April 2019 Joint Development Agreement Under the Joint Development Agreement, hereinafter referred to as JDA, the land owner contributes its land to the real estate developer for construction of real estate projects and the real estate developer undertakes constr...

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Section 194N TDS on Cash withdrawals exceeding Rs. 1 crore/20 Lakh

Sec 194N:  Tds on cash withdrawal of more than 1 crore Intro: To discourage the cash transaction and move to cash less economy, income tax department has introduced a new section 194N deduction of TDS on cash withdrawal exceeding  Rs. 20 Lakh In case the individual receiving the money has not filed income tax returns […]...

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