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Archive: 16 August 2020

Posts in 16 August 2020

Advance Ruling Under GST Act

August 16, 2020 5055 Views 4 comments Print

ADVANCE RULING – Section 97 to 104 of Central Goods & Services Tax Act, 2017. Applicant: – Person registered or desired to be registered in the act. Section 97 Application for Advance Ruling Applicant sends the application in the form of GST ARA-01 along with the prescribe fees(Rs.5000) in the prescribed manner to Advance Ruling […]

What is REIT? And how will it affect Real Estate Market in India?

August 16, 2020 1509 Views 0 comment Print

What is REIT? And how will it affect Real Estate Market in India? REIT stands for Real Estate Investment Trust REIT got launched in India during March 2019, with Embassy REIT as the first IPO. REIT is a vast topic of discussion if we go into details like structure, taxation, rules, and regulations. In this […]

IBM India liable to pay interest for delay in filing ITR on incremental income pursuant to APA: ITAT

August 16, 2020 1677 Views 0 comment Print

IBM India Pvt. Ltd. Vs ACIT (ITAT Bangalore) It has been submitted by Ld.Counsel that as a consequence of APA entered into by assessee, income was increased vis-a-vis original computation at page 322. Referring to revised computation at page 328 of paper book volume 1, he submitted that, incremental increase in the income is Rs.7,74,2 […]

Actionable Claim under GST | Advance Ruling

August 16, 2020 3858 Views 0 comment Print

Advance Ruling Name of the Applicant: Venkatasamy Jagannathan Order No. and Order date : 19 /AAR/2019  Dated: 21.05.2019 Authority : AAR(Tamil Nadu) Questions Sought by the applicant: Will the Profit Sharing Agreement between the applicant as an employee and the shareholders, attract GST in his hands?    Brief Facts: The Applicant has stated that is […]

Disallowance of rebate/discount to its overseas AEs: ITAT directs AO to verify Agreements/MOUs

August 16, 2020 522 Views 0 comment Print

Bureau Veritas Consumer Products Services (India) Private Limited  Vs ACIT (ITAT Delhi) ITAT held that It is true that the assessee has paid rebate/discount to its overseas AEs. It is equally true that such arrangement has been done through Master Service Agreements (‘MSA’) with various overseas companies (sample JC Penny ) for providing testing and […]

Section 14A disallowance- Consider only those Investment which yielded exempt income

August 16, 2020 9843 Views 0 comment Print

ITO Vs Manoj Vashudev Wadhwa (ITAT Mumbai) In ACIT v. Vireet Investment (P.) Ltd. 165 ITD 27 (Del) (SB) it is held by the Special Bench of the Tribunal that only those investments are to be considered for computing average value of investment which yielded exempt income during the year. We are of the considered […]

GST Portal amended to Ease Compliance Burden for Taxpayers

August 16, 2020 1089 Views 0 comment Print

Since the inception of GST in the last three years, it’s been a tough journey for all the stakeholders in understanding and processing the system for compliance fulfilments. Though, there have been changes and flexibilities provided by the CBEC from time to time to ensure no default on taxes, still many areas seem to be inconsistent enough to give […]

Transfer of Actionable Claims

August 16, 2020 84111 Views 0 comment Print

Actionable Claim:  is a claim to any debt, other than secured by mortgage of immovable property or pledge or hypothecation of some movable property, or to any beneficial interest in movable property, not in possession either actual or constructive of the claimant. Section 3 of Transfer of Property Act, 1882 defines ;  “actional claim means […]

Interest on late TDS payment -30 days Month not British calendar Month

August 16, 2020 4173 Views 0 comment Print

Economic Laws Practice Vs CIT (Appeals) (ITAT Mumbai) ITAT held that for the purpose of Computation of interest on late payment of TDS under section 201(1A), the expression month is to be interpreted as period of 30 days and not British calendar. Gujarat High Court in the case of Arvind Textile Mills, considered the definition […]

74th Independence Day- How Much of Independence have we achieved?

August 16, 2020 426 Views 0 comment Print

Every Independence Day is a good way to assess how much social, economic and legal freedom have we achieved in the last one year as ‘true freedom lies only in breaking all old shackles of bondage’. Let’s take a look at some major events that happened since last year-

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