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Archive: 20 October 2020

Posts in 20 October 2020

GST registration application in Form GST REG-10

October 20, 2020 9246 Views 1 comment Print

Provision of section 24 of the Central Goods and Services Tax Act, 2017 mandates the person engaged in supplying ‘online information and database access or retrieval services’ to obtain compulsory registration, when the services are supplied from a place outside India to a person in India (other than a registered person). Such a person can […]

Dormant Bank Account or Inoperative Bank Account

October 20, 2020 21189 Views 2 comments Print

Now-a-days many people receive mail from their banks stating that their bank account will become Inoperative/ Dormant for non-operation of Saving as well as Current Account? Many people got confused or stressed because of such mails, hence today I am writing this article to help my readers to understand and face this issue confidently.

Foreign Direct Investment Inflow

October 20, 2020 642 Views 0 comment Print

Foreign Direct Investment (FDI) is a major driver of economic growth and an important source of non-debt finance for the economic development of India. It has been the endeavor of the Government to put in place an enabling and investor friendly FDI policy.

Section 143(1) Notice for Arithmetical error – but none found

October 20, 2020 4449 Views 0 comment Print

In case you received a notice u/s 143(1) saying there exist an arithmetical error in you Return probably stating that ‘In Schedule BP, Sl. No. D. Income chargeable under the head PGBP(A38+B43+C49) and the sum of amounts entered in A38+B43+C49 are inconsistent‘, you must have tried adding those figures again to just to find that […]

Law declared by Supreme Court is binding on all Courts

October 20, 2020 1863 Views 1 comment Print

CBI (Anti-Corruption Branch) Vs Sh. Jose Alexander (Karnataka High Court) Petitioner was a party to the criminal appeal filed by accused No. 3 before the Supreme Court. In the absence of the copies of pleadings in the said case, it cannot be said that the petitioner did not raise this issue of applicability of Section […]

Restrictive Clauses Under GST Laws – An Overview

October 20, 2020 3423 Views 0 comment Print

The word restrictive means imposing restriction on activities, which are not desirable as per the provisions of law. GST Law prescribes certain restriction in CGST Acts/CGST Rules for smooth implementation and compliance of statutory provisions of GST law to protect the Government revenue and provide to the taxpayers. The restrictive clauses are welcome provisions but […]

NIDB data cannot be sole basis to reject transaction value without any cogent reasons

October 20, 2020 2373 Views 0 comment Print

The issue under consideration is whether the invoice represent the true transaction value in the international market? This casual observation is not based on the factual position that emerges from the records of the case. Thus, for all the reasons above, the Commissioner (Appeals) was not justified in setting aside the orders passed by the assessing officer on the Bills of Entry.

Section 14A disallowance cannot exceed amount of exempt Income

October 20, 2020 1815 Views 0 comment Print

The issue under consideration is whether the disallowance u/s 14A can exceed the amount of exempt income? In the light of the order of M/s.Century Real Estate Holdings Pvt. Ltd. v. ACIT (supra), ITAT hold that the disallowance u/s 14A of the I.T.Act cannot exceed the exempt income.

ITAT condones Appeal filed with CI(A) by delay of 36 months & 3 days

October 20, 2020 780 Views 0 comment Print

K. Hemalatha Vs ACIT (ITAT Chennai) It is an admitted fact that against the assessment order, the assessee filed a manual appeal on 03.05.2016, which is well within the time provided under the Act. On perusal of the appellate order, we find that when the appeal was manually filed on 03.05.2016, no defect notice was […]

Denial of refund of IGST to Advance-Authorisation holders is valid but operates prospectively w.e.f October 23, 2017

October 20, 2020 15849 Views 2 comments Print

The Hon’ble HC, Gujarat in Cosmo Films India v. Union of India & Ors. [R/SLP No. 15833/2018 dated October 20, 2020] upheld the validity of rule 96(10) of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) and rules that notification is required to be made applicable prospectively only w.e.f. October 23, 2017 and […]

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