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Archive: 09 November 2020

Posts in 09 November 2020

ADD on imports of ‘Carbon Black used in rubber applications’ extended till 31.12.2020

November 9, 2020 822 Views 0 comment Print

Seeks to amend notification No. 54/2015-Customs (ADD), dated 18th November 2015 to extend the levy of ADD on imports of ‘Carbon Black used in rubber applications’ originating in or exported from China PR and Russia, for a further period upto and inclusive of 31st December, 2020. MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, […]

Intermediary services not amount to FTS & not taxable under India-Sweden DTAA

November 9, 2020 1041 Views 0 comment Print

Bombardier Transportation Sweden AB Vs DCIT (ITAT Delhi) Conclusion: Payment of consideration would be regarded as ‘fee for technical/included services’ only if the twin test of rendering services and making technical knowledge available at the same time was satisfied. Intermediary services rendered by assessee did not make available any technical knowledge, skill etc to BTIN […]

Additions in reopened Assessment not valid if no addition on subject matter of reopening

November 9, 2020 6483 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment is valid even if there is no addition on subject-matter being basis for issuing notice under section 148, rather AO made addition on other counts?

Commission to Director in terms of Employment is Part of Salary: ITAT Delhi

November 9, 2020 20244 Views 0 comment Print

Commission paid to Director in terms of Employment is Considered as Part of Salary. It is also not disputed that TDS has been deducted on such commission as salary. Accordingly, the Revenue’s appeal is dismissed.

Profit margin disclosed by assessee cannot be rejected arbitrarily

November 9, 2020 747 Views 0 comment Print

The issue under consideration is whether addition made by AO by application of N.P. rate of 8% is justified in law? Profit Margin Cannot be Rejected Arbitrarily due to Rejection of Books of Account

DTPA submits 15 GST Pre Budget Suggestions for 2021

November 9, 2020 6180 Views 0 comment Print

ITC availment Restriction limit Rule 36(4) of CGST Rules, 2017 specifies that Input tax credit to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37, shall not exceed 10 per cent of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37.

Physical verification report in Form GST REG-30

November 9, 2020 35448 Views 0 comment Print

Form GST REG-30 is a verification report submitted/ uploaded by the proper officer detailing the physical verification conducted of the place of business of the person under Goods and Services Tax (GST). The present article explains the provisions relating to filing of a report in Form GST REG-30 and details covered in Form GST REG-30. […]

DTPA submits 33 Income Tax Pre Budget Suggestions for 2021

November 9, 2020 6849 Views 0 comment Print

At the outset we convey your honour our Congratulations on introducing Faceless Assessment and Faceless Appeal Schemes and also introducing new Taxpayers Charter. Direct Taxes Vivad Se Vishwas Scheme is also a commendable step to reduce litigations. We assure your honour of our full support in the implementation of the same.

Risk adjustment / Benchmarking of international transactions- ITAT Remands case back to AO

November 9, 2020 774 Views 0 comment Print

GCO Technologies Centre Private Ltd. Vs ITO (ITAT Mumbai) We have deliberated at length on the aforesaid issue under consideration and are unable to persuade ourselves to subscribe to the projection of the aforesaid comparable company viz. M/s Cather Consultancy Services Pvt. Ltd by the assessee as a profit making company during the financial year […]

ITAT Allowed Deduction of Municipal Taxes on Area Not Leased Out

November 9, 2020 2184 Views 0 comment Print

Dream Motels (P) Ltd. Vs ITO (ITAT Mumbai) The issue under consideration is whether treating municipal taxes paid is considered as a part of rent liable to be taxed u/s 23 of the act? ITAT states that, upon due consideration of factual matrix, the crystal-clear position that emerges is the fact that as per the […]

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