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Archive: 06 November 2020

Posts in 06 November 2020

No tax on income from shipping of foreign vessels under India-Singapore Tax Treaty

November 6, 2020 7461 Views 0 comment Print

Income earned by  assessee from shipping operations in India was not taxable in India by virtue of Article 24 of India Singapore DTAA as  the conditions stipulated under Article 24 were not satisfied and  the benefit of Article 8 of India Singapore DTAA was applicable and as per which shipping income of a resident of Singapore was taxable only in Singapore but not in India.

Comprehensive analysis of Section 44AD & related aspects

November 6, 2020 71685 Views 8 comments Print

Comprehensive analysis of Section 44AD with other related aspects The provisions of Section 44AD were introduced in the Chapter of Profits & Gains from Business or profession to reduce the compliance burden of resident small Taxpayers. Undoubtedly throughout, the concept related to “Presumptive Taxation Schemes’’ has been very well achieved its objectives. However, over the […]

Analysis of Form 3CA, Form 3CB and Form 3CD – Part 1

November 6, 2020 46296 Views 0 comment Print

Article is first part of series of articles in which Author will Analyse Form 3CA, Form 3CB and Form 3CD related to Tax Audit under Income Tax Act, 1961- 1. Form  3CA – Audit Report under Section 44AB in a case where the accounts of the business or profession of a person have been audited […]

SCN for confiscation of goods cannot be issued on mere suspicion

November 6, 2020 2508 Views 0 comment Print

HC held that the show cause notice under Section 130 of the Central Goods and Services Tax Act, 2017 (CGST Act) cannot be issued on a mere suspicion. There has to be some prima facie material on the basis of which the authority may arrive at the satisfaction that the goods are liable to be confiscated under Section 130 of the CGST Act.

Mere noticing Conveyance at Wrong Destination Can’t Said to be a Contravention of CGST Act

November 6, 2020 7098 Views 0 comment Print

The issue under consideration is whether ‘Noticing the conveyance at a wrong destination’ without anything more can be said to be a contravention of the CGST Act?

Detention of goods & vehicle under GST: HC explains Provisions of Section 129 & 130

November 6, 2020 7698 Views 0 comment Print

Gokul P.G. Vs State of Kerala (High Court of Kerala at Ernakulam) Sections 129 and 130 are independent provisions, and that, while a detention of goods and vehicle under Section 129 could entail proceedings under Section 130, in situations where the detained goods/vehicle are not cleared by the owners thereof within a period of 14 […]

Delhi High Court: Upheld the power to conduct Service Tax Audit post GST regime

November 6, 2020 12498 Views 0 comment Print

Section 174(2)(e) of the Central Goods and Services Tax Act, 2017 (CGST Act), specifically empowers the authorities to institute any investigation, inquiry, verification, assessment proceedings, adjudication, etc. including service tax audit under Rule 5A of the Service Tax Rules, 1994 (Service Tax Rules), as said Rule framed under the repealed or omitted chapter V of the Finance Act, 1994 (Finance Act”), is saved.

Providing Information regarding ongoing Income Tax investigation to informer is not appropriate: HC

November 6, 2020 1866 Views 0 comment Print

Principal Director, Income Tax Vs Rajiv Yaduvanshi (Delhi High Court) Moreover, in cases pertaining to Tax evasion petitions like the present case, this Court also exercises its powers sparingly and it is a well-settled principle that only the broad outcome of the Tax evasion petition may be communicated to the complainant, that too upon culmination […]

GST: HC direct authorities to release Goods provisionally

November 6, 2020 537 Views 0 comment Print

SB Traders Vs State of Gujarat (Gujarat High Court) It was pointed out that three months back, an application was fled under Section 67(6) of the Act for provisional release of the goods and the conveyance. However, according to the learned counsel, no orders have been passed on such application. We dispose of this writ […]

Notice in Form GST MOV-10 based on conjectures & surmises is not sustainable

November 6, 2020 1806 Views 0 comment Print

Explore the Gujarat High Court’s decision on Anant Jignesh Shah vs Union of India, highlighting the invalidity of a GST detention notice based on mere suspicion. Learn how the court quashed the notice under Section 130 of the CGST Act.

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