"October, 2020" Archive

SEBI extends SEBI Settlement Scheme 2020 till 31.12.2020

NA (31/10/2020)

Competent authority of SEBI has approved the extension of the period of the SEBI Settlement Scheme 2020 till December 31, 2020 considering large scale disruption caused by the Covid-19 pandemic...

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GST e-Invoice completes one month on 31st October

Release ID: 1669430 (31/10/2020)

e-Invoice – A path breaking initiative completes one month on 31st October. More than 495 Lakh e-invoices have been generated on the NIC portal by 27,400 tax payers within the first month of introduction. 641 Lakh e-way bills generated  during month of October, 2020, highest in a month during two and half years of journey of e-way bill...

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Advisory Regarding ICAI November 2020 Examinations

Advisory to Students and Public at Large Regarding ICAI November 2020 Examinations Students and Public at large are hereby requested to note: > The ICAI Examinations to be held in November 2020 sill be held as per schedule horn 21st November 2020 announced as per Announcement Dated 13th October 2020 – https://www.icai.org/resourc...

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Posted Under: SEBI |

Income Tax Department conducts searches in Bihar

The Income Tax Department has carried out searches on 29.10.2020 in the cases of four prominent contractor groups based in Patna, Bhagalpur, Hilsa, and Katihar. In addition, surveys have been conducted on some traders of mined rocks in Gaya....

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Posted Under: SEBI |

Compliance Calendar for the month of November, 2020

Statutory and Tax Compliance Calendar for November, 2020 for Compliances under GST, Compliances under Companies Act, 2013, Compliances for ESI and PF & PT Payments and Compliances Calendar Income Tax Act, 1961. S. No. Particulars of Compliance Forms / returns Due Date Compliances Calendar for GST 1. Return to be filed by every E-comme...

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Posted Under: SEBI |

Waiver of Condonation Fees by ICAI for All Members, Firms & Students

Further extension in the last date for Waiving-off Condonation fees due to late filing of various application Forms related to Students, Articled Assistants, Members & Firms amidst COVID-19 Pandemic – (31-10-2020) M&C-MSS SECTION The Institute of Chartered Accountants of India 31st October, 2020 Important Announcement Amid t...

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Posted Under: SEBI |

SC transfers to itself petitions challenging IBC provisions on personal guarantors

IBBI Vs Lalit Kumar Jain & Ors. (Supreme Court of India)

IBBI Vs Lalit Kumar Jain & Ors. (Supreme Court) We are of the considered opinion that the Writ Petitions that are pending in the High Courts pertaining to the challenge to the Notification dated 15.11.2019 and related issues have to be transferred to this Court. Transfer of the Writ Petitions to this Court would avoid […]...

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Preliminary status of Students registered till 27th Oct for CSEET Scheduled on 21.11.2020

Please note that the preliminary status of students registered up to 27th October 2020 for the CSEET scheduled to be held on 21St November 2020 has been made available at the following link:...

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Posted Under: SEBI |

CS Executive Entrance Test on 21.11.2020 through Remote Proctored Mode

On Account of Covid 19 Pandemic precautions, the Council of the Institute has decided to conduct the next CSEET on Saturday, 21st November 2020 as per following, arrangements:...

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Posted Under: SEBI |

One More Attempt under 2012 Old Syllabus – ICSI

ICSI has decided that the students of Executive and Professional Programme (2012 old syllabus) shall be allowed one more attempt during the June, 2021 session of examinations....

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Posted Under: SEBI |

ICSI: Carry Forward of Examination Fees To June, 2021 Exam Session

In view of the present COVID-19 crisis, some of the students enrolled for June, 2020 session (merged with December 2020 exam session) and students enrolled afresh for December 2020 exam session may wish to appear in June 2021 session of examination, instead of appearing for December 2020 examination session....

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Posted Under: SEBI |

Section 153C notice without recording Satisfaction Note is unjustified

ACIT Vs Rangoli Buildtech (P) Ltd. (ITAT Delhi)

The issue under consideration is whether the issuing notice u/s 153C to the person other than person against whom search is initiated, but without submitting satisfaction note is justified in law?...

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“WE CARE”- An Initiative of ICAI for Senior Chartered Accountants

The Institute of Chartered Accountants of India (ICAI) since its very inception has always provided thought leadership to the generations in a proactive and progressive manner. ICAI has been playing a key role nationally, regionally and globally not only towards the growth of the profession, but also has been contributing to the business,...

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Posted Under: SEBI |

FAQs on Aadhaar Authentication while registering on GST Portal

Aadhaar Authentication – Selection as Yes Q.1 I have opted ‘Yes’ for Aadhaar authentication while registering on the GST Portal. What will happen next? Ans: Once you have opted ‘Yes’ for Aadhaar authentication while registering on the GST Portal and registration application is submitted, an authentication lin...

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Posted Under: SEBI |

Business Model- Asset Heavy v/s Asset Light

No wonder that modern day businesses are always keen on coming up with new and innovative methods and strategies to scale up faster effectively and efficiently, however, with the fast advent of new technologies and democratization of the world wide web right since 1990’s has given birth to many alternative models of operations, includin...

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Posted Under: SEBI |

E-Invoicing Updated List of Frequent Asked Questions

1. The compulsory e-invoicing of business-to-business transactions of companies with more than Rs 500 crore sales kicks in from 01st October 2020. The businesses were reportedly not ready to be seen by the tax officials and thus they had been given a chance to fill tax and save from penalty within 30 days. 2. The […]...

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Posted Under: SEBI |

Where to Set Up a New Business in India?

Any Business should base in a city where they have the best relationships with the business environment. This includes relationships with talent, suppliers, buyers, and investors. Let us understand briefly about some states in India for starting a new venture: – # Capital State of India i.e. New Delhi: – New Delhi is the capit...

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Posted Under: SEBI |

Order for Cancellation of GST Registration in Form GST REG-19

In case, either the taxable person is no longer liable to be registered under Goods and Services Tax (GST) or the proper officer believes that the registration is liable to be cancelled. Then, the proper officer shall issue an order cancelling the GST registration in Form GST REG-19. Thus, in nut-shell, whenever the GST registration [&hel...

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Posted Under: SEBI |

Section 14A disallowance not applicable to Insurance Companies

DCIT Vs Edelweiss Tokio Life Insurance Ltd. (ITAT Mumbai)

DCIT Vs Edelweiss Tokio Life Insurance Ltd. (ITAT Mumbai) During assessment proceedings, it transpired that the assessee earned dividend income of Rs.17.92 Lacs and claimed the same to be exempt u/s.10(34). However, the Ld. Assessing Officer opined that since the income in case of insurance business was to be computed in terms of provisio...

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ITAT allows Deduction u/s 80HH, 80I & 80IA on Processed Natural Gas Supply

Gail (India) Ltd. Vs DCIT-LTU (ITAT Delhi)

The issue under consideration is whether the deduction claimed u/s 80HH, 80I and 80IA for production, processing, transmission and distribution of various gases is justified in law?...

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Section 263 Revision Not Sustainable for mere Inadequacy of Enquiry /Insufficiency of Material on Record

CIT Vs Cyber Park Development & Construction Ltd. (Karnataka High Court)

The issue under consideration is whether mere inadequacy of an enquiry or insufficiency of material on record can be a ground to invoke revisional powers u/s 263 of the Income Tax Act, 1961?...

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Section 14A Disallowances cannot be applied to provision of Section 115JB

Gujarat Urja Vikas Nigam Ltd Vs DCIT (ITAT Ahmedabad)

Gujarat Urja Vikas Nigam Board Vs DCIT (ITAT Ahmedabad) The AO during the assessment proceedings has made the disallowance of Rs.50.85 crores in determining the income under normal computation of income under the provisions of Section 14A read with Rule 8D of Income Tax Rule. The AO made the addition of the same disallowance while [&helli...

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Income from Sale of Land held as Stock for 13 years is Business Income

Kohli Estates Pvt. Ltd. Vs ITO (ITAT Delhi)

The issue under consideration is whether the CIT(A) is correct in confirming an addition of by treating sale of land as business income against the appellant's claim as "Long Term Capital Gain"?...

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Save income tax via medical expenditures under Section 80DDB

Section 80DDB Section 80DDB of the Income Tax Act allows you to save tax by claiming medical expenditures incurred as a deduction from income before levy of tax. You can claim this deduction if these two conditions are satisfied then one can claim a maximum deduction of Rs 50,000 in a financial year for the […]...

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Posted Under: SEBI |

Shipping Ministry issues draft ‘Coastal Shipping Bill, 2020’ for public consultation

In accordance with Prime Minister Shri Narendra Modi’s vision for augmenting people’s participation and transparency in the governance, Ministry of Shipping has issued the draft of Coastal Shipping Bill, 2020 for suggestions from the stakeholders and general public....

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Posted Under: SEBI |

Emergency Credit Line Guarantee Scheme – Extension of duration of scheme

Ref No. 3014 /NCGTC /ECLGS NCGTC (31/10/2020)

The Scheme would be applicable to all loans sanctioned under GECL during the period from the date of issue of these guidelines by NCGTC to 30.11.2020, or till an amount of Rs 3,00,000 crore is sanctioned under the GECL, whichever is earlier. ...

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Section 40A(2)(b) Addition allowed against Expense only & Not against Income

KEC Delco Dutsan (JV) Vs ITO (ITAT Delhi)

The issue under consideration is whether the addition made u/s 40A(2)(b) in case of estimation of income without doubting expenses incurred by assessee is justified in law?...

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TDS Credit eligible in year in which Assessee shows relevant Income despite credit appearing in 26AS of next Year

Mahesh Software Systems Pvt. Ltd. Vs ACIT (ITAT Pune)

The issue under consideration is whether TDS will be granted in the year in which assessee has recorded the corresponding income even if the deposit of TDS is in next financial year?...

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Posted Under: SEBI | | ,

Excise Duty related to earlier years allowed under section 43B

DCIT Vs Adani Wilmar Ltd. (ITAT Ahmedabad)

In the instant case, the assessee in the year under consideration has claimed an expense under the head prior period item in its profit and loss account. Such prior period item was representing the excise duty with respect to waste i.e. Spent Earth generated during the manufacturing process. The assessee during the assessment proceedings ...

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Shortfall Due to its Excess Spending allowed to C/F in full for Set off against Incomes – Section 11

Gnyan Dham Vapi Charitable Trust Vs DCIT Exemptions (ITAT Ahmedabad)

The issue under consideration is whether where a trust has incurred shortfall due to its excess spending in a particular year, such deficit or shortfall allowed to be c/f in full for set off against the incomes in  subsequent years under s.11(1)(a) and Section 11(1)(b) of the Act?...

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Copy of GST documents seized can be denied to Assessee if it may adversely affect investigation

Agarwal Oil Mill Vs State of Madhya Pradesh (Madhya Pradesh High Court)

The discretion available to the competent authority u/S 67(5) of the CGST Act while withholding supply of copies/extracts of documents seized appears to be judiciously exercised by the competent authority for reasons which prima facie appear to be cogent and convincing....

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Filing of Appeal with GST Tribunal if not constituted- HC Direction

George Clinical India Pvt. Ltd. Vs Union of India (Karnataka High Court)

In the instant case, the petitioner filed a writ petition seeking to quash show cause notice issued by the respondents. The petitioner to reply to the said show cause notice within two weeks. Thereafter, the Adjudicating Authority shall consider the objection filed and pass orders in accordance with law....

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SC grants to Move Representation Seeking Exemption from GST on Disability Aids with GST Council

Nipun Malhotra Vs Union of India (Supreme Court)

The petition is filed to seek exemption from GST on Disability aids i.e mobility services. Hence, the Supreme Court granted liberty to the petitioner to move a representation with the GST council for no GST on disability products....

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Excavators, Bull dozers & Wheel Loaders eligible for higher rate of depreciation

DCIT Vs Dozco Infratech Pvt. Ltd. (ITAT Kolkata)

CIT Vs Dozco Infratech Pvt. Ltd. (ITAT Kolkata) Assessee shows that depreciation claimed by the Assessee @ 30% on Excavators, Bull dozers and Wheel Loaders has been rightly claimed and should be allowed in full as against @ 15% allowed by the Assessing Officer. Learned departmental representative vehemently contended during the course of ...

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Role of Adjudicating Authority in Resolution Plan

Under the Insolvency and Bankruptcy Code 2016, the role of the Committee of Creditors is very important. The COC consists of Financial Creditors only and Operational Creditors have no role in the COC expect that their dues are not less than 10% of the total debt in such case the Operational Creditors will find their […]...

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Posted Under: SEBI |

Constitution – When Does A Tax Liability Arise? Analysis of Various Ratios Lay Down by Apex Court

When Does A Tax Liability Accrue? Article 265 of the Constitution of India provides that no tax shall be levied or collected except by the authority of law. Such tax does not depend upon an assessment to be made by the assessing officer. Section 4 of the Indian Income Tax Act, 1961, which is the charging section, charges tax on income at ...

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Posted Under: SEBI |

Set-off & carry-forward of losses under Income-Tax Act, 1961

The Income-Tax Act, 1961, allows set-off and carry-forward of the loss incurred by any assessee subject to some restrictions Apart from other information, the new income-tax forms, ITR-1 to ITR-8, notified by the Central government seeks details on set-off of losses. Now almost every assessee has to give this information. Therefore, one h...

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Posted Under: SEBI |

Guidebook for Faceless Assessment

Key objectives of Faceless Assessment include: i. Anonymity in assessment for reduced physical interface between trade and Customs ii. Speedier Customs clearances through efficient utilisation of manpower iii. Greater uniformity of assessment across locations iv. Promoting sector specific and functional specialisation in asses...

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Posted Under: SEBI |

Service Tax refund cannot be denied for claim of drawback

Mittal International Vs CCE (CESTAT Chandigarh)

Mittal International Vs CCE (CESTAT Chandigarh) Refund claim was denied on the ground that the said goods have been exported and drawback is allowed on the export of goods. The case of the Revenue is that as the appellants have claimed drawback on export of the goods, therefore, they are not entitled for refund claim […]...

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Conundrum on Merger between Company and LLP

The concept of LLP in India was introduced off late in 2008 by enacting the LLP Act, 2008 thereby allowing businesses to be registered as a new and hybrid structure. It was anticipated at that time that many corporate houses would consider LLP as a vehicle to run their business operations, mainly due to lower […]...

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Posted Under: SEBI |

Income Tax Due date chart post Recent due date extensions

With the COVID-19 pandemic playing havoc and resulting in many practical challenges, the Indian Government has come out with various relief measures and also extended different statutory deadlines. Recently, the Finance Ministry via Press Release and as per Notification No. 88/2020 issued by CBDT dated 29 October 2020 announced further ex...

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Posted Under: SEBI | ,

Residential Status of Individual And Rate of Income Tax

RESIDENTIAL STATUS OF INDIVIDUAL AND INCOME TAX RATE OF INDIVIDUAL. RESIDENTIAL STATUS OF INDIVIDUAL The Residential Status of a Individual / HUF earning income is very much relevant for determining the tax liability of such income in his/her hands. Taxability of any Income depends on the two things, i.e. Residential Status of Individual ...

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Posted Under: SEBI |

माल और सेवाओं की निर्यात के दौरान सप्लाई

अभिव्यक्ति (expression) “माल या सेवाओं की निर्यात के दौरान सप्लाई” में तीन चीजें महत्वपूर्ण हैं। ये तीन चीजें  निम्नप्रकार हैं:– (1) म...

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Posted Under: SEBI |

Hostile Takeover Defences

Legislature in India is doing a decent job of protecting the companies from hostile takeovers. The government of India since the Swaraj case has been very diligent and meticulous. Takeover code is also being updated from time to time and all the amendments have been in the right direction....

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Posted Under: SEBI |

TDS on Sale of Immovable Property – Section 194IA

As per Finance Bill of 2013, TDS is applicable on sale of immovable property wherein the sale consideration of the property exceeds or is equal to Rs. 50,00,000 (Rupees Fifty Lakhs). Section-194IA of the Income Tax Act, 1961 states that for all transactions with effect from June 1, 2013, Tax @ 1% or (  0.75% […]...

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Posted Under: SEBI |

List of All GST Forms

Under the new taxation regime Taxpayers have to file various monthly and Quarterly Returns and Forms under the Central Goods and Service Tax Act, 2017 to comply with the provisions of the Act. Let us summarize all the returns in the one table. Forms Particulars GSTR-1 Filed by all registered taxpayers for Outward Supplies GSTR-1A [&hellip...

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Posted Under: SEBI |

IBBI suspends registration of IP for not disclosing Pending Criminal proceeding at the time of Registration

NA (30/10/2020)

In this case, petitioner was granted registration by the Board on 22nd February, 2017. Petitioner concealed the material information about pending CBI case against him at the relevant time. Subsequent acquittal or positive remarks as claimed by him are of no consequence as the aforesaid criminal proceeding  was pending before Hon’ble ...

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SEBI (Prohibition of Insider Trading) (Second Amendment) Regulations, 2020

Notification No. SEBI/LAD-NRO/GN/2020/38. (29/10/2020)

These regulations may be called the Securities and Exchange Board of India (Prohibition of Insider Trading) (Second Amendment) Regulations, 2020. They shall come into force on the date of their publication in the Official Gazette....

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Procedure for import of Potatoes, till 31.01.2021, under TRQ Scheme

Public Notice No. 29/2015-2020-DGFT (30/10/2020)

Ministry of Finance, hereby notifies the procedure for import of 10,00,000 MT of Potatoes, at in quota tariff of 10% till 31.01.2021 under HS Code 0701 of Chapter 7 of ITC (HS), 2017, Schedule–I (Import Policy) as per details below:...

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Exposure Draft of Interest Rate Benchmark Reform – Phase 2

Globally, many jurisdictions have been taking steps for replacing existing Interbank offered rates (IBORs) with some alternate benchmark rates as a result of recommendations of Financial Stability Board. In this regard, IASB identified two groups of accounting issues that could affect financial reporting due to the reform:...

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Posted Under: SEBI |

Filing of a Reply in Form GST REG-18

Form GST REG-18 is a form through which the taxable person can file a reply to the show cause notice issued for cancellation of Goods and Services Tax (GST) registration. The present article briefly explains the provisions relating to filing of a reply in Form GST REG-18. Provisions governing the filing of a reply in […]...

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Posted Under: SEBI |

Opting for lower rate of tax under Section 115BAB & getting covered under Transfer Pricing Audit

Opting for lower rate of tax under section 115BAB and getting covered under the Transfer Pricing Audit – Whether exercising the option worth the pain for compliances? 1. Background: Section 115BAB of the Income Tax Act, 1961 (hereinafter “the Act”) is applicable to a “new domestic manufacturing company” which is set up or re...

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Posted Under: SEBI |

Covid 19: Government of India is in same boat as all of us

All those Businessmen out there, Cheer Up, Even the Union Government of India is in the same boat as all of us, in this corona pandemic. Monthly Review of Accounts of Union Government of India upto the month of September, 2020 for the Financial Year 2020-21 The Monthly Account of the Union Government of India […]...

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Posted Under: SEBI |

LLP- 8 Due Date F.Y. 2019-20

In this editorial author discusses due date of filling of LLP-8 with Registrar of Companies for financial year 2019-20 along with date of signing of Financial Statement of LLP-8. Lots of professionals has asked us about extension in filing of e-form LLP-8 for f.y. 2019-20. Provisions of Law: As per Section 34 read with rule […]...

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Posted Under: SEBI |

Relaxation for Companies & LLP till December 31, 2020

RELAXATION DUE TO CoVID 19 Companies Act, 2013 & LLP Act, 2008 till December 31, 2020 In this article author shall discuss about Relaxation given by MCA for Compliances under Companies Act, 2013 and LLP Act, 2008 till December 31, 2020. MCA has relaxed Due Dates for Filing of Forms, holding of Meetings etc. MCA has issued […]...

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Posted Under: SEBI |

Everything about DPT-3

In this editorial author discusses about DPT-3. DPT-3 is annual return which is required to be filed  every year by Companies having any amount of loan or advances as on 31st March within 90 days of end of financial year i.e. upto 30th June. Q 1. What are the objectives of e-Form DPT-3? Ans. The […]...

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Posted Under: SEBI |

Is Auditor Certificate mandatory for DPT-3

In this Article author discusses about requirement of auditor certificate for filing of e-form DPT-3. Whether auditor certificate mandatory for all the DPT-3, if not then what are the situations when certificate from auditor required for DPT-3? Point of Editorial: Is Chartered Accountant Certificate required for e-form DPT-3? This is very...

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Posted Under: SEBI |

How to file DPT-3 In case of Loan from SHAREHOLDER?

In this Article author discusses how to file DPT-3 form when a Private Limited/ Public Limited Company having loan from shareholders (HUF, Trust, Individual etc.) As per exemption notification dated 05th June 2015 and 13th June 2017 Private Limited Companies are allowed to accept Loan from Shareholders of Company after following the proce...

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Posted Under: SEBI |

Key Takeaways from Companies (Amendment) Bill, 2020

 Key Take Away –  THE COMPANIES (AMENDMENT) BILL, 2020 Passed by Lok Sabha & Rajya Sabha Government has passed the Companies (Amendment) Bill, 2020 as Bill No. 88 of 2020 to further amend Companies Act, 2013 on March 12, 2020. Companies (Amendment) Bill, 2020 based on CLC Committee. CLC Committee submitted its report in Novemb...

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Posted Under: SEBI |

Interpretation of double tax avoidance agreements

The Central Government has signed with several countries, including the U.S. "Agreements for the Avoidance of Double Taxation". By this, I am given to understand that in the case of an Indian who is a perm anent resident in the U.S. (green card holder) but who may have taxable income in India, as also in the U.S., double taxation is sough...

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Posted Under: SEBI |

Spaze Developers to Pay Rs. 2 Crore to Buyers for delay in Possession

Haryana RERA ordered Spaze Developers To Pay Rs. 2 Crore To Buyers For Delay in Possession The Haryana RERA (HRERA) has ordered a Gurgaon based developer i.e. Spaze developers to pay delay possession charges (DPC) of Rs 2 crore to homebuyers for failing to deliver flats in time. HRERA Chairman, directed Spaze Developers to pay the compe...

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Posted Under: SEBI |

e-TAX Payment of Taxes – Frequently Asked Questions

1. What is e-tax payment? Ans. This is a facility provided to the taxpayers to make income tax payments through internet using net-banking facility. 2. Can I use this facility to pay income tax? Ans. You can, if; a) You have a bank account with net-banking facility, and b) Your bank is amongst the banks that provide the e-tax payment fac...

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Posted Under: SEBI |

Introduction to U.S. Tax Returns

Just as we have different tax return forms for different purposes, The United States of America is no exception. U.S. also prescribes different types of tax returns for different purposes. The tax returns are differentiated on the basis of the income on which one is liable to pay taxes. This is similar to filing of […]...

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Posted Under: SEBI |

AMP expenditure do not constitute an international transaction

Bacardi India Pvt. Ltd. Vs ACIT (ITAT Delhi)

Bacardi India Pvt. Ltd. Vs ACIT (ITAT Delhi) Under Sections 92B to 92F, the pre-requisite for commencing the TP exercise is to show the existence of an international transaction. The next step is to determine the price of such transaction. The third step would be to determine the ALP by applying one of the five […]...

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For filing Form-27, patentees would get 6 months, instead of current 3 months

Patents (Amendment) Rules, 2020- streamlining of the requirements related to filing of Form 27 and submission of verified English translation of priority documents. Patentee would get flexibility to file a single Form-27 in respect of a single or multiple related patents. This will ease compliance burden & boost innovation...

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Posted Under: SEBI |

Import of potatoes without license from Bhutan allowed till 31.01.2021

Notification No. 44/2015-2020-DGFT (30/10/2020)

Import of potatoes under Exim Code 07019000, is allowed for import from Bhutan without license up to 31st January 2021. Notification No. 44/2015-2020-DGFT...

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GSTR-9 Offline Utility – Updated FAQs and Manual

In these article we will read the detailed analysis of FAQ’s related to the offline utility of GSTR-9. The following FAQ’s are About GSTR-9 Offline Utility, How to Download GSTR-9 Offline Utility, How to Download the Generated JSON File of GSTR-9, Worksheet Tabs in GSTR-9 Offline Utility, Entering and Validating Details in Offline, Up...

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Posted Under: SEBI |

FAQs and User Manual – GSTR-4 Offline Tool

How can I download and open the GSTR4 Offline Tool in my system from the GST Portal? 1. Login to the GST Portal www.gst.gov.in .2. Go to Downloads > Offline tools > GSTR4 Offline Tool > Download 3. Unzip the downloaded Zip file which contain GSTR4 Offline Tool, User Manual, Read Me.txt, Release Note. 4. Open the GSTR4_Excel_Utility_...

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Posted Under: SEBI |

‘Matching Offline Tool’ for matching GSTR 2B with purchase register

‘Matching Offline Tool’ for matching GSTR 2B with purchase register- FAQs & User Manual (A) About Matching Offline Tool Matching Offline Tool is an offline tool to view Form GSTR-2B and match the auto-drafted details in the said form with the purchase register. The Taxpayer needs to install Matching Tool from the GST Portal, and [...

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Posted Under: SEBI |

Suo Moto GST Registration Cancellation

FAQs on Suo Moto Cancellation of GST registration Q.1 Under which circumstances can a Tax Official initiate for cancellation of GST registration? Ans: Suo Moto Cancellation of registration may be initiated by the Tax Official for various situations as mentioned in the provisions of GST law like: – Any Taxpayer other than composition...

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Posted Under: SEBI |

How to amend Core & Non-Core Fields of GST Registration with FAQs

Once the applicant is registered under GST, the need for amendments in registration may arise due to several factors such as a change in address, change in contact number, change in business details and so on. In order to amend any information post registration, the taxpayer needs to file an Application for Amendment of Registration....

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Posted Under: SEBI |

How to Opt for GST Composition Levy with FAQs

You can opt for the Composition Levy if you are a regular taxpayer with an aggregate annual domestic PAN-based turnover as specified time to time....

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Posted Under: SEBI |

Registration as TDS Deductor under GST- FAQs & How to apply

A. FAQs on Registration as Tax Deductor at Source Q.1 Who needs to register under GST as a Tax Deducted at Source (TDS)? Ans: All Department or establishment of Centre / State Government, Local Authority, Government Agencies & Persons or category of persons notified by Central / State Government, where the total value of such [&hellip...

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Posted Under: SEBI |

GST Registration of UN Body/Embassy/Other Notified Persons & FAQs

Article contains FAQs on Grant of UINs Under GST Regime, Manual on Applying for Registration as a UN Body, Manual on Applying for Registration as an Embassy and Manual on Applying for Registration as Other Notified Person. A. FAQs on Grant of UINs Under GST Regime Q.1 What does UIN stand for? Ans: UIN stands […]...

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Posted Under: SEBI |

FAQs & Manual on Filing for Registration by provider of OIDAR

A. FAQs on Filing for Registration by provider of OIDAR (Online Information and Data Base Access or Retrieval Services) / FAQ’s and Manual on Non-Resident Online Services Provider Q.1 What are OIDAR Services? Ans: Online information and database access or retrieval services means services provided by the means of Information Technol...

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Posted Under: SEBI |

FAQs for GST Registration by Non-Resident Taxable Person

Q.1 Are there any preconditions before I can apply for Registration as a Non-Resident Taxable Person? Ans: A Non-Resident Taxable Person must fulfill following conditions so that he/she can register on the GST Portal: 1. Applicant has authorized signatory in India with valid details 2. Authorized Signatory has valid Permanent Account Numb...

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Posted Under: SEBI |

FAQs on Submission of Online GST Registration Application

I am on the landing page of the New Registration Application and there are two radio buttons – New Registration and Temporary Reference Number (TRN). Which one do I need to select? -Select the New Registration Application to begin applying for GST Registration . If you have already filled Part A of the Registration Application and have ...

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Posted Under: SEBI |

A Simple Guide to Instant Personal Loans in India

Instant personal loans are one of the most sought after loans in India. They are available to both salaried and self-employed people. Upon showing proof of income, personal loan is disbursed. An instant personal loan is not a burden if utilized properly. It can be taken when there is a shortage of money. But care […]...

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Posted Under: SEBI |

Here’s Why 30’s Is the Perfect Time to Buy Health Insurance Plans in India

A medical emergency can heavily impact your emotional as well as financial life. Hence, it is prudent that you buy a health insurance plan early in life. You should even consider buying critical illness insurance and personal accident insurance for specific coverage. Moreover, when you buy health insurance plans in your early 30s, you get...

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Posted Under: SEBI |

HC Remand Back the case to AO for Detailed Enquiry of Disallowance u/s 36(1)(iii)

CIT Vs Asian Peroxides Ltd. (Madras High Court)

The issue under consideration is whether disallowance made u/s 36(1)(iii) is to be allowed when the Assessee has diverted interest bearing funds to its sister concern without charging any interest?...

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Concern with extraordinary event cannot be comparable in year of amalgamation

American Express Services India Private Ltd. Vs DCIT (ITAT Delhi)

American Express Services India Private Ltd. Vs DCIT (ITAT Delhi) The assessee is aggrieved by the inclusion of the Accentia Technologies Ltd. in the final set of comparables. The plea of the assessee before us is that the said concern is engaged in diversified services which includes HRCM (using SaaS model), also is KPO and […]...

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ITAT Remand Back Case to CIT(A) for analysis of Nature of Service

Adadyn Technologies Private Limited Vs DCIT - International Taxation (ITAT Bangalore)

The issue under consideration is whether assessee engaged in business relating to online advertising is considered as technical services or royalty Section 9(1)(vii) of the Income Tax Act, 1961?...

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Frame Video Conferencing Rules: SC direct High Courts

In Re Guidelines For Court Functioning Through Video Conferencing (Supreme Court)

SC has directed those HC that have not framed Video Conferencing Rules, shall do so having regard to the circumstances prevailing in the State. Till such Rules are framed, the HC may adopt the model Video Conferencing Rules provided by the E-Committee, SC of India to all the Chief Justices of the HC....

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Entry Tax: After Granting Exemption same can’t be rejected for Technicalities

SRF Ltd. Vs State of Madhya Pradesh And Others (Madhya Pradesh High Court)

The issue under consideration is whether the petitioner is eligible for exemption from payment of entry tax based on certificates granted under Madhya Pradesh Udyog Nivesh Samvardhan Sahayta Yojna?...

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TPA is required to Deduct TDS u/s 194J on Payments to Hospitals

CIT Vs TTK Healthcare TPA Pvt. Ltd. (Karnataka High Court)

The issue under consideration is whether Third Party Administrator (TPA) is required to deduct tax at source (TDS) on payments made to hospitals under Section 194J of the Income Tax Act?...

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Mere use of brand name or logo owned by AEs by assessee cannot be construed as expenses incurred for AMP

Xerox India Ltd. Vs DCIT (ITAT Delhi)

Expenditure incurred on Advertisement, Marketing and Promotion (AMP) for creating market intangibles including brand value in favour of Associated Enterprises was not  considered as an international transaction as mere use of brand name or logo owned by the AEs by assessee would not automatically lead to influence that any expenses that ...

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CBDT notifies extended Due dates of Return & Tax Audit Report for A.Y.2020-21

Notification No. 88/2020-CBDT [S.O. 3906(E)] (29/10/2020)

CBDT issued Notification No. 88/2020 and extended Due dates of Income Tax Return and Tax Audit Report as follows:- A. Income Tax Return FY 2019-20/AY 2020-21 i. Without tax audit –31.12.20 ii. TP, tax audit & tax audit firm partners– 31.01.21 B. Various audit reports (tax audit, transfer pricing etc) – 31.12.20 C. Income tax [&h...

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Taxation of shares & other securities under Income Tax Act, 1961

Taxing the Profit from shares are always debateable issue, however CBDT issue circular No. 06/2016 dated 29/02/2016 wherein it provides option to taxpayer that to tax profit as Business Income or Capital Gain. This circular applicable for profit from listed shares only and option once exercised assesse will not allow to change his/her sta...

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Posted Under: SEBI | ,

Adjustment and Withholing of Refund under GST Act

INTRODUCTION Section 54 of CGST act provides for grant of refund  to any person  of any tax and interest if any or any other amount paid by him subject to provision of the act and  rules  to any person. However, during the course of sanctioning refund, sometimes, refund is adjusted to the outstanding demand under […]...

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Posted Under: SEBI |

SEBI (Mutual Funds) (Second Amendment) Regulations, 2020

Notification No. SEBI/LAD-NRO/GN/2020/39. (29/10/2020)

1. These Regulations may be called the Securities and Exchange Board of India (Mutual Funds) (Second Amendment) Regulations, 2020. 2. They shall come into force on the date of their publication in the Official Gazette....

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Govt prohibits Export of Onion seeds

Notification No. 43/2015-2020 (29/10/2020)

The Export of Onion seeds is prohibited, with immediate effect. The provisions under Transitional Arrangement (Para 1.05 of the FTP 2015-20) shall not be applicable under this notification....

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CGST officials bust racket for generating fraudulent ITC via fake billing

Release ID: 1668567 (29/10/2020)

Based upon specific intelligence, the officers of the Anti Evasion branch of Central Goods and Service Tax (CGST),Commissionerate, Delhi (East) have busted a major racket for generation of huge inadmissible input tax credit (ITC) through fake billing of Rs 1,278 crore (approx)....

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Income Tax Department conducts searches in Uttar Pradesh

Ministry of Finance Income Tax Department conducts searches in Uttar Pradesh Posted On: 29 OCT 2020 A search action was started by the Income Tax Department on 28.10.2020 in the case of a Bijnor based group engaged in real estate business and it’s associates. There were allegations that the group companies were having huge security pre...

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Posted Under: SEBI |

Income-tax Exemption on deemed LTC fare for non-Central Government employees

In order to provide the benefits to other employees (i.e. non-Central Government employees) who are not covered by the above mentioned OM, it has been decided to provide similar income-tax exemption for the payment of cash equivalent of LTC fare to the non-Central Government employees also....

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Posted Under: SEBI |

DGGI Gurugram arrests man for forging ITC of around Rs 392 crore

Release ID: 1668645 (29/10/2020)

The Directorate General of GST Intelligence (DGGI) Gurugram Zonal Unit (GZU), Haryana has arrested one Kabir Kumar, resident of New Delhi on charges of creating and operating fictitious firms on forged documents and passing fake input tax credit by way of issuance of invoices without any actual receipt or supply of goods or services....

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Goods & Service Tax on transfer of old/used Capital Assets

Capital Assets: Section 2(19) of CGST Act, Capital Goods means goods, the value of which is capitalized in the books of account of the person claiming the Input Tax Credit and which are used or intended to be used in the course of furtherance of business. Situation 1: A Registered Person sell used Fixed Assets […]...

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Posted Under: SEBI |

Whether amended section 115BBE of Income Tax Act applicable retrospectively or prospectively ?

Present article demonstrate the section 115BBE of Income Tax Act, 1961 which amended from time to time and the relevant case laws of the applicability of amendment prospectively. ...

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Posted Under: SEBI |

Basic of FDI or Foreign Investment under NDI Rules

Till 16th October, 2019, Foreign Investment was governed, by RBI in consultation with Central Government, by Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2017, called as TISPRO. Pursuant to amendment made in FEMA through Finance Act 2015, Central Government is empowered to mak...

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Posted Under: SEBI |

ICAI Increases Structured CPE hours to 20 & Due date extension

Increase in the no. of Structured CPE hours being granted in online mode from 15 CPE hours to 20 CPE hours and extension of last date for completion of 20 Structured CPE hours through Digital Learning Hub or Virtual CPE Meetings from 31st October, 2020 to 31st December, 2020...

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Posted Under: SEBI |

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