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Archive: October, 2020

Posts in October, 2020

Analysis of Dale and Carrington Investments (P) Ltd v. P.K. Prathapan and Ors. – (2005) 1 SCC 212

October 21, 2020 18309 Views 0 comment Print

Through the course of law school, we have been taught in various capacities that there exists a distinct separation between ownership and management. Such ownership stands diffused by shareholders and the company is managed by a Board of Directors on behalf of such shareholders, which brings us to the Principal – Agent relationship where the […]

Extend Income Tax and GST Audit & Return Filing dates

October 21, 2020 65763 Views 5 comments Print

A representation is made to Finance Minister of India by Six Leading Associations of Chartered Accountants in India and it is requested to extend the due date for filing of returns for all the taxpayers for A.Y. 2020-21 to 31st March, 2021, filing the tax audit report and transfer pricing report to 28th February, 2021, […]

Addition for understatement of debtors not sustainable if Sales not disputed

October 21, 2020 1392 Views 0 comment Print

DCIT Vs Sheth & Sura Engineers Private Ltd. (ITAT Pune) It is an undisputed fact that the entire turnover of the assessee is exclusively from Government Department and the said turnover has not been disputed by the Assessing Officer. The Assessing Officer has also not considered the debtors of other divisions and only considered debtors […]

Foreign exchange gains/loss from trade debtors/Creditors is operating in nature

October 21, 2020 3360 Views 0 comment Print

Galax E Solutions India Pvt. Ltd. Vs ITO (ITAT Bangalore) The revenue is assailing the decision of Ld DRP in holding that the gain/loss arising on account of fluctuation in foreign exchange is operating income/expenses. We notice that the Ld DRP has followed the decision rendered by the Tribunal in the case of Sap Labs […]

Stay of Demand automatically expires within Period of 6 Months unless Extension is granted for Good Reason

October 21, 2020 7827 Views 1 comment Print

The issue under consideration is whether the stay of demand granted for 6 months can automatically extend beyond 6 months without any order?

SC dismisses PIL against alleged Mis-utilisation of Funds Lying in NCEF

October 21, 2020 705 Views 0 comment Print

In the Instant case the PIL has been filed by the Petitioner in public interest against the diversion and misutilization of the funds lying in the National Clean Energy Fund (NCEF) in front of Supreme Court.

Solid Waste Management services classifiable under SAC 9994

October 21, 2020 15039 Views 0 comment Print

In re Zigma Global Environ Solutions Private Limited (GST AAR Tamilnadu) Q. Classification of the services viz ‘Solid waste management – Revamping of existing dumped Garbage in compost yards by Bio -mining process’ provided by the applicant to M/s. Erode City Municipal Corporation, Erode?  A. Solid Waste Management-Revamping of Existing Dumped Garbage in Compost Yards by […]

Nizam Pakku merits classification under Chapter 08028090

October 21, 2020 4113 Views 0 comment Print

Shri Abdul Razak Safiullah (GST AAR Tamilnadu) Q. Whether the ‘Nizam Pakku’ bought and sold by the Applicant, the manufacturing process of which has been explained by them, is classifiable under Chapter heading 0802 8030 of the Customs Tariff and hence attract 2.5 % CGST as per Sl.No.28 of Schedule I of Notification 1/2017 Central […]

Guidelines on Insurance Claims of victims of Floods (Oct 2020)

October 21, 2020 483 Views 0 comment Print

Insurance Regulatory and Development Authority of India Ref. No: IRDA/NL/CIR/MISC/ 263 /10/2020 Date: 21-10-2020 All CEOs /CMDs of all General Insurance Companies and Stand-Alone Health Insurance Companies Re: Guidelines on Insurance Claims of victims of Floods (Oct 2020) in the calamity affected districts of Telangana, Andhra Pradesh and other Neighboring States As you are aware, […]

Prior govt approval needed for FDI from countries sharing land border with India

October 21, 2020 2052 Views 0 comment Print

Even the minute investment from countries sharing land border with India shall require prior approval from government…??? Impact on Indian Economy. It is expected that the government will soon issue more stringent guidelines w.r.t investment from countries sharing land border with India. Amid Covid-19 and rising tensions at the India-China border, government held an internal […]

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