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Archive: October, 2020

Posts in October, 2020

Reopening not justified when all aspects were examined in original assessment proceedings

October 2, 2020 888 Views 0 comment Print

Nishit Fincap Pvt Ltd. Vs ITO (ITAT Delhi) Query No. 7 is in relation to share capital and share application money received. This means that specific query was raised in respect of share application money and vide reply dated 16.11.2009, the assessee furnished all details as required by the Assessing Officer. Pursuant to the reply […]

Delhi HC rejects plea challenging 12% Rate of GST on Fabric

October 2, 2020 4974 Views 0 comment Print

Petition requesting to notify the GST rate of 5% for all varieties of fabrics falling under Chapters 50 to 63 of the Customs Tariff in furtherance of the recommendations made by the Goods and Service Tax Council

Provision after due diligence cannot be said to be adhoc provision

October 2, 2020 2394 Views 0 comment Print

DCIT Vs. HDFC Sales Pvt. Ltd. (ITAT Mumbai) Before us the ld. DR for the revenue in his submissions vehemently submitted that the projected estimation of the provisions of expenses is projected purely on estimation and that there is mismatch of projected figures of expenses and the actual expenses incurred on various counts, which we […]

Section 54F: Vacant land cannot be treated as residential house

October 2, 2020 29475 Views 0 comment Print

Dr. Devika Gunasheela Vs JCIT (ITAT Bangalore) The only basis on which the assessee was denied the benefit of deduction u/s 54F of the Act was that the assessee owned more than two residential houses, other than the new asset on the date of transfer of the original asset. From the order of assessment passed […]

MIPL is not a Dependent Agency Permanent Establishment of Mitsui & Co.

October 2, 2020 1872 Views 0 comment Print

Mitsui & Co. Ltd. Vs DDIT (International Taxation) (ITAT Delhi) Since the lower authorities following the orders of the preceding years have held that M/s. Mitsui & Co. Ltd. has been constituted as Dependent Agent PE of the assessee company in India, therefore, following the consistent decisions of the Tribunal in assessee’s own case in […]

Analysis of Foreign Contribution (Regulation) Amendment Act, 2020

October 2, 2020 10045 Views 3 comments Print

The Foreign Contribution (Regulation) Amendment Act, 2020 :- An Act (wef 29.09.2020) to further amend the Foreign Contribution (Regulation) Act, 2010 (Act) -Introduced in Lok Sabha on 20.09.2020 -Passed by Lok Sabha on 21.09.2020 -Passed by Rajya Sabha on 23.09.2020 -President’s Ascent on 28.09.2020 -Effective date on which provisions have come into force: 29.09.2020 The Foreign […]

TCS on sale of any goods- Section 206C(1H) of Income Tax

October 2, 2020 53775 Views 4 comments Print

TCS on sale of any goods- Section 206C(1H) of Income Tax Act,1961 Tax Collected at Source (TCS) is the tax payable by a seller which he collects from the buyer. The rate of TCS is different for goods specified under different categories. Section 206C of the Income Tax Act, 1961 specifies the categories of goods on which seller has to collect […]

TCS on Sale of Goods- Income Tax Provisions

October 2, 2020 199404 Views 27 comments Print

As per Section 206(1H), with effective from 1st October 2020 goods sellers whose total sales, gross receipts or turnover from the business carried on by it exceed 10 crore rupees during the financial year 2019-20 shall be liable to collect such TCS at a rate of 0.075%(0.1% from  1st April 2021) on consideration received from a […]

माल की बिक्री के सम्बन्ध में प्राप्त राशि पर टीसीएस का नये प्रावधान – धारा 206C(1H)

October 2, 2020 49173 Views 9 comments Print

माल की बिक्री के सम्बन्ध में प्राप्त राशि पर टीसीएस का नये प्रावधान – धारा 206C(1H)- आयकर चर्चा 1 अक्तूबर 2020 से सरकार ने माल की बिक्री के सम्बन्ध एकत्र कर टीसीएस जमा करनाने में एक नया प्रावधान लागु किया है जो कि आयकर कानून की धारा 206C(1H) में दिया गया है और इससे कई […]

Procedure of Approval of Gratuity Funds under Income Tax Act,1961

October 2, 2020 144292 Views 5 comments Print

Section 2(5) of the Income Tax Act, 1961 defines an ‘approved gratuity fund’ as ‘a gratuity fund which has been and continues to be approved by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in accordance with the rules contained in Part C of the Fourth Schedule’. In order to get the […]

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