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Archive: October, 2020

Posts in October, 2020

HC Grant Regular Bail to Petitioner accused of Fraudulently availing ITC

October 28, 2020 1221 Views 0 comment Print

The present petition is filed for seeking bail to the petitioner accused of fraudulently availing ITC without any invoice or bill. The trial will take time to conclude, especially due to prevailing situation of Covid-19. Thus, the petition is allowed and the petitioner is ordered to be released on regular bail.

Section 14A disallowance should be as per Rule 8D Calculation Method

October 28, 2020 4854 Views 0 comment Print

National Aluminium Company Ltd. Vs ACIT (ITAT Cuttack) The issue under consideration is whether disallowance u/s 14A without following calculation method mentioned under rule 8D is justified in law?

Starbucks Guilty of Profiteering under GST: NAA

October 28, 2020 4806 Views 1 comment Print

Avanti Patel Vs Starbucks Coffee (NAA) The brief facts of the present case are that under Rule 128 (1) of the Central Goods and Services Tax (CGST) Rules, 2017, an application was filed by the Applicant No. 1 against the Respondent before the Standing Committee on Anti-profiteering alleging that the Respondent had not passed on […]

No Penalty U/s. 271(1)(b) when order was passed U/s. 143(3)

October 28, 2020 7359 Views 1 comment Print

Issue was as regards imposition of penalty under section 271(1)(b) for non-compliance by assessee with respect to statutory notices issued under section 142(1), when assessment was completed under section 143(3).

Expense on Microsoft EAS licence renewal of AXABS software: ITAT remands case back to CIT(A)

October 28, 2020 1512 Views 0 comment Print

AXA Business Services Pvt. Ltd. Vs DCIT (ITAT Bangalore) We have considered the rival submissions. We find that despite all the details having been filed by the assessee before the CIT(Appeals), the CIT(Appeals) has not considered those submissions with regard to the sum disallowed by the AO, except the sum of Rs.81,52,209 which was incurred […]

Form INC-22A Active – Procedure / Steps / Applicability

October 28, 2020 4662 Views 0 comment Print

Every company incorporated on or before the 31st December, 2017 shall file the particulars of the Company and its registered office details, in e-Form ACTIVE (INC-22A). e-Form INC-22A is required to be filed on or before 25th April, 2019. e-Form INC-22A is required to be filed only after e-Form AOC-4 and e-Form MGT-7 for financial […]

Submission of data to RoDTEP Committee

October 28, 2020 1677 Views 1 comment Print

Members of trade are already aware that a new Scheme, Remission of Duties and Taxes on Exported Products (RoDTEP) has been approved for introduction by the Government.

FAQ on To Opt Composition Scheme (Explained under GST)

October 28, 2020 2784 Views 0 comment Print

Q.1 How to opt for the Composition Scheme in GST? Ans: You can opt for the Composition Levy under GST if you are a regular taxpayer with an aggregate annual domestic PAN-based turnover as specified from time to time. However, you cannot opt for the Composition Levy if you are/you make: – any supply of […]

Provisional Assessment and Release of Security under GST

October 28, 2020 4422 Views 0 comment Print

A. FAQs on Provisional Assessment and Release of Security under GST Q.1 What is Provisional Assessment? Ans: If taxpayer is unable to determine either the value or tax rate or both for the goods/ services dealt in by him/her, then he/ she can file an application for provisional assessment to the Tax Official. Q.2 What […]

How to reply GST DRC 06 issued for GST collected but not paid

October 28, 2020 13782 Views 0 comment Print

A. FAQs on Filing reply to Form GST DRC-06 against proceedings initiated for tax collected but not deposited with Government Q.1 How can a Tax Official initiate action on a person who has collected tax but not deposited with the Government? Ans:Any person whether registered or unregistered, who had collected any amount representing tax, from […]

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