"08 November 2020" Archive

New e-TDS/TCS RPU Version 3.4 & FUV version 6.9 & version 2.165

Key Features of e-TDS/TCS Return Preparation Utility Ver. 3.4 for Regular & Correction Statement(s) from FY 2007-08 onwards 1. Section codes 194LBA(a) and 194LBA(b) for Form 26Q:- Existing section code 194LBA has been sub-divided into below mentioned two sections: 194LBA (a) – Certain income in the form of interest from units of...

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Posted Under: Income Tax |

Modification due to Notification has Effect of Deleting Old Rule & Making New Rule Operative

DIT Vs Autodesk Asia Pvt Ltd (Karnataka High Court)

whether the Tribunal was correct in holding that the assessee is liable to be taxed at 10% in view of replacement of 15% with 10% of tax in Article 12 of the DTAA without taking into consideration that the modification of rate of tax by way of notification?...

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Anti-Profiteering Investigation Notice cannot be issued without DGAP report

Theco India Pvt. Ltd. Vs Secretary (Madras High Court)

Madras High Court states that Notice for Anti-Profiteering Investigation can't be issued without a report of Director General of Anti-Profiteering (DGAP) followed by the order of the National Anti-Profiteering Authority (NAA)....

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Income from Sale of Land which was held as Investment is Capital Gain

CIT Vs Kishan House Builders Association (Karnataka High Court)

CIT Vs Kishan House Builders Association (Karnataka High Court) The issue under consideration is whether the sale of land which is held as investment is considered as capital gains or business income? High Court states that, from perusal of the entries it is evident that the assessee has not conducted any other activity other than [&helli...

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Income-Tax Payment made by Assessee is Application of Income & it is Eligible for Deduction u/s 11

DCIT (Exemptions) Vs Cargo Handling Pvt. Workers Pool Trust (ITAT Visakhapatnam)

The issue under consideration is whether the Income-tax payment made by assessee is an application of income and will be eligible for deduction u/s 11?...

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Service Tax Payable on Anti-Virus Software under I T Software services

K7 Computing Private Ltd. Vs Commissioner (Madaras High Court)

The issue under consideration is whether an 'Anti Virus Software' would fall within the ambit of the definition of 'Information Technology Software' as defined u/s 65 (53a) of the Finance Act, 1994?...

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Compliance of GST (Compensation to States) Act, 2017 is Not Mandatory

G. Sundarrajan Vs Union of India (Madras High Court)

G. Sundarrajan Vs Union of India (Madras High Court) The issue under consideration is whether compliance of Goods and Services Tax (Compensation to States) Act, 2017 is mandatory? High Court states that, the mere employment of the word “shall” in Section 7(1) of the Goods and Services Tax (Compensation to States) Act, 2017 cannot be [...

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Interest received from Jaipur Central Co-op Bank eligible for section 80P(2)(d)deduction

Shahpura Gram Seva Sahakari Samiti Ltd. Vs ITO (ITAT Jaipur)

The issue under consideration is whether the interest received by the assessee from the Cooperative Bank is eligible for deduction under section 80P(2)(d) of the Income Tax Act?...

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If Assessee Engaged in Accommodation Entries Only Commission to be Added on Estimation Basis

Arydeep Developers Pvt. Ltd.Vs ITO (ITAT Ahmedabad)

The issue under consideration is whether for assessee engaged in providing accommodation entries only commission amount to be added on estimation basis or entire amount of accommodation entry to be added?...

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Remembering Demonetisation on its Fourth Birth Anniversary!!!

The primary reason for bringing out the Direct Tax Vivad Se Vishwaas Scheme 2020, as asserted by the learned Revenue Secretary is to ensure amicable resolution of disputes arising out of OCM/Demonetisation Cases. The Income-tax department has launched an aggressive outreach drive, wherein, a large number of jewellers and real-estate de...

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Posted Under: Income Tax |

HC approves SVLDRS-1 despite Clerical Error considering it as unintentional

Bhawna Malhotra Vs Union of India & Anr. (High Court Delhi)

The issue under consideration is whether any clerical or arithmetical error made by an applicant in SVLDRS-1 also falls within the ambit of Section 128 of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019?...

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Premature Disclosure of Pending tax Investigation to Media Not Justified in Law

Rajendran Chingaravelu vs Addl. CIT (Supreme Court of India)

The issue under consideration is whether the proceedings of enquiry/investigation undertaken at the airports without keeping it confidential and premature disclosure to the media (print/electronic) is justified in law?...

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No section 50 interest on GST payment made through input tax credit

Maansarovar Motors Private Ltd. Vs Assistant Commissioner (Madras High Court)

Maansarovar Motors Private Ltd. Vs Assistant Commissioner (Madras High Court) Conclusion: Every person who is liable to pay tax in terms of the Act shall remit the tax either in cash or by way of adjustment of credit available in the Input Tax Credit (ITC) register. Where delay is made in remitting the tax, no […]...

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MSME Udyam Registration without PAN and GST upto 31.3.2021 as transitional arrangement

New online system of MSME/Udyam Registration stands the test of Time & Technology. Totally seamless & smooth system also shows stability & resilience. More than 11 lakh MSMEs already registered since its launch on 1st July, 2020...

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Posted Under: Income Tax |

Only DGFT Empowered to Suspend & Cancel IEC Number

Siddharth Mandavia Vs Union of India and others (Bombay High Court)

Blocking of importer exporter code of the petitioner by any authority other than the Director General of Foreign Trade or by his authorized officer under section 8 of the Foreign Trade (Development and Regulation) Act, 1992 would be unauthorized, unwarranted and without jurisdiction....

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No Anti-Profiteering penalty between the period 01.07.2017 to 31.12.2018

Suresh Kumar Gupta Vs Nirala Projects Pvt. Ltd. (NAA)

Suresh Kumar Gupta Vs Nirala Projects Pvt. Ltd. (NAA) It is revealed from the perusal of the CGST Act and the Rules framed under it that the Central Government vide Notification No. 01/2020-Central Tax dated 01.01.2020 has implemented the provisions of the Finance (No. 2) Act, 2019 from 01.01.2020 vide which sub-section 171 (3A) was [&hel...

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Starbucks Guilty of Profiteering under GST: NAA

Avanti Patel Vs Starbucks Coffee (NAA)

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 […]...

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Are the gifts received on Deepawali tax-free in your hands?

Traditionally Deepawali is the major occasion when gifts are given and gifts are received. The items given as gifts vary from just boxes of dry fruit and sweet to valuable like gold and silver coins etc. Majority of the recipients of such gifts are under the impression that such gifts have no income tax implications, […]...

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Posted Under: Income Tax |

ITC, Interest & Rule 36(4) Dangerous Provision of GST that Every Professional Should be aware

HERE I WANT YOU UNDERSTAND 36(4) AND ITS HIDDEN AGENDA. I Request everyone to read BELOW EXAMPLE. On 36(4). THE danger of 36(4)… Interest cost disguised in it… Do read and discuss with your colleagues. Share with your professional friends… read below example of XYZ LTD. XYZ LTD HAVE FOLLOWING PURCHASES IN JANUARY, FEBRUA...

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Posted Under: Income Tax |

Solid Waste Management services classifiable under SAC 9994

In re Zigma Global Environ Solutions Private Limited (GST AAR Tamilnadu)

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-Rev...

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Nizam Pakku merits classification under Chapter 08028090

In re Shri Abdul Razak Safiullah (GST AAR Tamilnadu)

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 Cen...

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When equal opportunity in public employment is denied to a class it has to be substantiated by proper data & circumstances

Ayush Medical Association Vs State of Chhattisgarh (Chhattisgarh High Court)

Ayush Medical Association Vs State of Chhattisgarh (Chhattisgarh High Court) 1. Heard finally with the consent of both the parties as urgency was pressed upon the ground that the issue involved in both these petitions are relating to advertisement for appointments of Community Health Workers by training. Since the the facts and issue invo...

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NAA directs DGAP to recompute the amount of profiteering by Devi Cinema

Principal Commissioner Vs Devi 70 MM (NAA)

Principal Commissioner Vs Devi 70 MM (NAA) The National Anti-Profiteering Authority (NAA) directed the Directorate General of Anti-Profiteering to reinvestigate and recompute the quantum of profiteering against Devi Cinema. It is a fact that the price of two categories i.e. the First and the Second class movie tickets has been reduced com...

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Extraordinary General Meeting under Companies Act, 2013

An extraordinary general meeting (EGM) is a shareholder meeting called other than a company’s scheduled Annual General Meeting (AGM). The extraordinary general meeting is utilized to deal with urgent matters that come up between annual shareholders' meetings....

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Posted Under: Income Tax |

Re-investigate & Recompute Profiteering By Smoky Kitchen Foods: NAA to DGAP

DGAP Vs. Smookey Kitchen Foods OPC Pvt. Ltd. (NAA)

DGAP Vs. Smookey Kitchen Foods OPC Pvt. Ltd. (NAA) We have carefully considered the Reports furnished by the DGAP, the contentions of the Respondent, and the other material placed on record. We observe that this case pertains to a franchisee of M/s Subway India Private Limited in Ghaziabad (Uttar Pradesh) who is supplying various food [&h...

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Direct & Indirect Taxes Updates- October 2020

DIRECT TAXES UPDATES Recent circulars/ notifications/ rules/ clarifications/News CBDT issues notification extending the due dates for Income Tax Returns & Tax Audit Reports, as follows (Notification no. 88/2020 dated 29.10.2020) -Without tax audit- 31.12.2020 -Transfer pricing and tax audit- 31.01.2021 -Income Tax return FY 2018-19 -3...

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Posted Under: Income Tax | ,

Amazon (Gopal Subramanium) vs. Reliance/Future Group (Harish Salve): An Intriguing Battle of Market Share & Nerves

Amazon (Gopal Subramanium) vs. Reliance/Future Group (Harish Salve): An Intriguing Battle of Market Share & Nerves All of us are aware of the much talked about announcement of the acquisition of the Kishor Biyani’s Future Group Retail Business including Big Bazar by the Mukesh Ambani’s Reliance Industries (RIL) for a c...

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Posted Under: Income Tax |

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