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Archive: September, 2020

Posts in September, 2020

Credit Rating of Securities – Jindal Power Ltd. Vs ICRA Ltd

September 2, 2020 4707 Views 0 comment Print

Jindal Power Ltd. v. ICRA Ltd. (Delhi High Court) In order to protect the interest of investors and help them make an informed decision, SEBI has made credit rating of securities offered by Indian companies by way of public or rights issues to be mandatory.  The rating signifies the ability and willingness of the issuer […]

Time of Supply under GST- Elaborated and Simplified

September 2, 2020 8043 Views 0 comment Print

Roll out of GST has given rise to innumerable questions as to the applicability of its provisions on various business transactions. The economic environment of India is both vast as well as complex giving rise to novel and unique situations or business arrangements calling for urgent clarity with a tug of war between astute legislature […]

One Time relaxation of tax-returns pending due to non-filing of ITR-V

September 2, 2020 1638 Views 0 comment Print

One Time Relaxation of tax-returns for AY’s 15-16,16-17,17-18,18-19 and 19-20 which are pending due to non -filing of ITR-V form and processing of such returns It has been brought to the notice of Central Board of Direct Taxes (‘CBDT’) that a large number of electronically filed ITRs still remain pending with the Income tax Department […]

All you need to know about TCS on sale of Goods

September 2, 2020 105114 Views 46 comments Print

TDS and TCS have been a reliable weapon for the Government over the years serving the varied objectives of preventing tax evasion, widening the tax base and ensuring steady revenue collection for the Government. Thus, over the years, the Government’s clear intention has been to bring as many transactions under the ambit of TDS/TCS as […]

Economy Instructions Related To Printed Activities to save cost

September 2, 2020 639 Views 0 comment Print

All calendars, diaries, schedulers and similar other materials, which were earlier printed in physical format, will now be done digitally by Ministries/Departments/PSUs/PSBs Ministries/Departments/PSUs/PSBs and all other organs of the government  to adopt innovative means to use digital or online methods

Trusts, CPC & Form of Return of Income: “Form” Over Substance?

September 2, 2020 2373 Views 1 comment Print

Many trusts are facing issues for not filing the return of income in correct form No.7. This may be due to the fact that trusts do not have qualified staff with them or that at small places proper tax consultants are not available. May that be so. But, such returns are processed by CPC treating […]

CPC & issues in processing of Section 10(23C)(iiiad) exemption

September 2, 2020 60891 Views 5 comments Print

Charitable Trusts having multiple educational institutions are facing many issues especially of exemptions u/s 10(23C)(iiiad) of the Income Tax Act, 1961, in processing of returns by CPC and in assessments. Following is an analysis of the section and the legal precedents. 1. The law Section 10(23C)(iiiad) reads as under – Incomes not included in total […]

Withholding of Income Tax refund mere due to issue of Scrutiny is not valid

September 2, 2020 1188 Views 0 comment Print

Conner Institute of Health Care And Research Centre Pvt. Ltd. Vs ITO (Delhi High Court) The exercise of withholding of refund under section 241A of the Act, pursuant to notice u/s 143(2) of the Act, without recording justifiable reasons, is not in consonance with the legislative intent and mandate of the aforesaid provision. The reasons […]

Government Blocks 118 Mobile Apps

September 2, 2020 825 Views 0 comment Print

The Ministry of Electronics and Information Technology, Government of India invoking it’s power under section 69A of the Information Technology Act read with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009 and in view of the emergent nature of threats has decided to block 118 mobile apps (see Appendix) since in view of information available they are engaged in activities which is prejudicial to sovereignty and integrity of India, defence of India, security of state and public order.

Holding of goods without order of seizure/ confiscation is without authority of law

September 2, 2020 4494 Views 0 comment Print

Ganesh Benzoplast Ltd. Vs Union of India (Bombay High Court) Facts- Government made standard marking of IS 252:2013 mandatory on caustic soda from 03.04.2018. Consignment containing caustic soda was imported by the petitioner vide bill of entry dated 01.11.2018. BIS licence was issued vide licence dated 30.09.2019. It was alleged that the said import was […]

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