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Archive: 07 October 2020

Posts in 07 October 2020

HC: Interest payable on delayed Income Tax Refund Interest

October 7, 2020 4785 Views 1 comment Print

CIT Vs Syndicate Bank (Karnataka High Court) Conclusion: When an order of refund was issued, the same should include interest payable on the amount, which was refunded. If the refund did not include interest due payable on the amount refunded, the revenue would be liable to pay interest on the short fall. This did not […]

Set off of refunds against tax remaining payable – Section 245

October 7, 2020 14547 Views 1 comment Print

Understanding the set off of refunds against tax remaining payable under Section 245 of the Income Tax Act, 1961. Learn how this provision empowers the authorities to adjust outstanding demand with refund amounts.

Key Issues In Presumptive Taxation under Income Tax

October 7, 2020 24354 Views 6 comments Print

Presumptive taxation is being followed by the huge number of the small taxpayers throughout the country. However ironically they are of the opinion that the government has relieved them with all the provisions of the income tax act and therefore does not take into the consideration the relevant provisions of the income tax act and […]

Analysis of decisions taken during 42nd GST Council Meeting

October 7, 2020 2178 Views 0 comment Print

The 42nd GST Council met under the Chairmanship of Union Finance & Corporate Affairs Minister Smt Nirmala Sitharaman through video conferencing today (5th October 2020). The meeting was also attended by Union Minister of State for Finance & Corporate Affairs Shri Anurag Thakur besides Finance Ministers of States & UTs and senior officers of the […]

New Issue: Is GST leviable on Notional Interest on security deposit of Rent?

October 7, 2020 5214 Views 0 comment Print

The new dispute is whether notional interest on the security deposit paid by the tenant, should be taken into consideration for the purposes of arriving at the total value from rental, or not.

No defamation of advocate for acting on instruction of client

October 7, 2020 6294 Views 0 comment Print

The Hon’ble Supreme Court and various High Courts has repeatedly held that an advocate, who acted professionally, as per the instruction of his/ her client, cannot be made criminally liable for offence of defamation unless contrary is alleged and established.

Flowchart on Section 90 Significant Beneficial Owner

October 7, 2020 41700 Views 4 comments Print

Section 90 of Companies Act, 2013- ‘Register of Significant Beneficial Owners in a Company’ Read with ‘The Companies (Significant Beneficial Owners) Rules, 2018‘ and ‘The Companies (Significant Beneficial Owners) Amendment Rules, 2019‘ The Section and Amendments therein Hello all, we all know Section 90 of the Companies Act 2013, which was related to the investigation […]

Service Tax liability of Demerged Undertakings cannot be fastened on assessee upon merger

October 7, 2020 2520 Views 0 comment Print

CESTAT Delhi held that, the assessee could not be held to be liable for discharging service tax liability of the Demerged Undertakings as it the service recipient and not service provider therefore, the confirmation of demand by the Commissioner is bad in law.

No ITC credit available on lift installation charges

October 7, 2020 6525 Views 0 comment Print

The Hon’ble AAAR, Maharashtra in Re: M/s Las Palmas Co-operative Housing Society [Order No. MAH/AAAR/RS-SK/24/2020-21 dated July 20, 2020] held that the input tax credit (ITC) in respect of GST paid on lift installation charges paid to lift contractor shall not be available in terms of Section 16(2)(b) read with Section 17(5)(c) and 17(5)(d) of […]

Debit & Credit Notes detailed explanation with journal entries

October 7, 2020 170742 Views 2 comments Print

Section 2(37) ‘credit note’ means a document issued by a registered person under sub-section (1) of section 34. Section 2(38) ‘debit note’ means a document issued by a registered person under  sub-section (3) of section 34. Definition of Credit Note as per CGST Act– Section 34(1) Where a tax invoice has been issued for supply […]

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