"02 October 2020" Archive

Liquidator decision is appealable under Section 42 of IBC, 2016

P.X. Xavier Vs. K. Joseph (Kerala High Court)

P.X. Xavier Vs. K. Joseph (Kerala High Court) Admittedly, the Liquidator had taken a decision. The decision taken by the liquidator is appealable under Section 42 of the Code. The petitioners, in order to file appeal under Section 42 of the Code, filed an application to condone the delay in filing the appeal. It has […]...

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Income Tax TCS provision – Section 206C[1H] – wef 01/10/2020

New TCS provision u/s 206C [1H] of Income Tax Act, 1961 wef 01/10/2020 Finance Act, 2020 has made the following provisions effective from 01/10/2020 relating to TCS. The provisions in the Act is as below: 206C[1H] Every person, being a seller, who receives any amount as consideration for sale of any goods of the value […]...

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Posted Under: Corporate Law |

TCS on Sale of Goods-Section 206C(1H)-Easy Explanation

1. CONCEPT OF TCS Govt.  is taking step for increasing tax payers base. One such major step is levy of TCS on sale of goods u/s 206C(1H). Let us understand in simple term- If turnover of business is more than 10 Crores in F.Y. 2019-20 than it has to collect TCS @ 0.075% (Due to […]...

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Posted Under: Corporate Law |

Assessment of Non-Filers of Returns under GST Act

Under Scheme of CGST act, persons who are to liable for registration requires to obtain registration. Every registered person, has to determine his tax liability by making self-assessment, and after making of payment of tax, is required to furnish correct and complete prescribed returns, as per provisions of the act and rules....

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Posted Under: Corporate Law |

Addition based on mere Whatsapp messages is not sustainable

ACIT Vs Shri Manchukonda Shyam (ITAT Visakhapatnam)

Addition was made merely on the basis of whatsapp messages and the statement recorded from section 132(4) from Shri Lanka Anil Kumar which was subsequently retracted. Therefore we are of the view that the addition made by the AO is unsustainable....

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Notification cannot have retrospective effect unless authorised by statue: SC

Union of India & Ors. vs M/s G S Chatha Rice Mills & Anr. (Supreme Court)

Union of India & Ors. Vs M/s G S Chatha Rice Mills & Anr. (Supreme Court) In the context of the Customs Act, and having regard to the Scheme, which, in the case of import duty, consists of filing of Bill of Entry for home consumption, self-assessment and payment of duty on the basis of […]...

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GST e-invoicing – Relaxation and latest changes

E-invoicing has come into effect from Oct 01, 2020 for businesses with aggregate turnover exceeding Rs. 500 cr. in any preceding FY from 2017-18 onwards. e-invoicing – Relaxation and latest changes 1. ‘e-invoicing’ for certain classes of taxpayers has come into effect from 1-10-2020. 2. Keeping in view the hardships faced by the tax...

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Posted Under: Corporate Law |

Addition for Bonus shares – Section 56(2)(vii)- ITAT explains Law

DCIT Vs Veena Goyal (ITAT Jaipur)

DCIT Vs Veena Goyal (ITAT Jaipur) As per the provisions of the section 56(2)(vii)(c)(i), any property other than immovable property is transferred for a consideration which is less than the aggregate fair market value of the property by an amount exceeding Rs. 50000/-, the aggregate fair market value of such property as exceeds such consi...

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Section 10A/10B deduction eligible on ‘deemed export’ to other STP unit

Preludesys India Ltd. Vs. ACIT (Madras High Court)

Preludesys India Ltd. Vs. ACIT (Madras High Court) The first aspect that has to be considered is as to whether the Income Tax Act, 1961 deals with the concept of a ‘deemed export’. This position has been clearly explained by the High Court of Karnataka both in the case of Tata Elxsi Ltd., and in […]...

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Anti-dumping duty on imports of Float Glass extended till 07.12.2020

Notification No. 29/2020-Customs (ADD) 02/09/2020

Notification No. 29/2020 -Customs (ADD)- Seeks to amend notification No. 47/2015-Customs (ADD), dated 8th September 2015 to extend the levy of ADD on imports of Float Glass originating in or exported from China PR, for a period of three months i.e. upto 7th December, 2020 GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Not...

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