"15 November 2020" Archive

RBI discontinues 17 types of FEMA Returns/Reports

RBI decided to discontinue the 17 returns/reports as listed under under Foreign Exchange Management Act, 1999 which includes Report on Category-wise transaction where the amount exceeds USD 5000 per transaction...

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Mismatch in GSTR-1 & 3B not Conclusive for Suppression of Tax

It is held by Appellate Authority – GST, ANDHRA PRADESH in case of Sri Kali Krishna Industries Vs Assessing Authority AP that mere mismatch in GSTR 3B & GSTR 1 is not conclusive for any suppression of tax. The contentions submitted by the taxpayer need to be examined before issuing an order. Brief Fact of […]...

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Posted Under: Fema / RBI | ,

GST Return Filling System (version 3.0) From 01-01-2021

FROM 01-01-2021 , GST RETURN FILING SYSTEM will see complete change. (We call it version 3.0) . Intention to Overhaul GST return filing system, But is it the correct solution in reality??? We will find out that in future . FYI, NOTIFICATION 82 TO 85 to notify/amend rule 60/61/62/61A. Also Circular No. 143/13/2020 is issued […]...

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Posted Under: Fema / RBI |

Dishonour of Cheque: Drawee need not wait for 15 days if intention of drawer to not pay is clear

Ravi Dixit Vs State of U.P. and Another (Allahabad High Court)

Ravi Dixit Vs State of U.P. and Another (Allahabad High Court) Learned counsel for the petitioner has submitted that the summoning order is without compliance of provisions of Section 138 of the Act, 1881; the application has been falsely implicated due to enmity and financial dispute with the complainant and that cheques were dishonoured...

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Section 80IA(4) deduction eligible on developing / providing Lift Irrigation Scheme/ Lift Water Supply Scheme

Unipro Techno Infrastructure Private Ltd Vs DCIT (ITAT Chandigarh)

Unipro Techno Infrastructure Private Ltd Vs DCIT (ITAT Chandigarh) The brief facts relating to the issue are that the assessee is primarily engaged in developing / providing Lift Irrigation Scheme/ Lift Water Supply Scheme for different state governments. The assessee claims that the said development work carried out by the assessee falls...

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Forthcoming amendments in GST returns – Part 2 of 2

In the previous part of this article, we had discussed the updates pertaining to GSTR-3B and R-1. To read the same, kindly refer to the link – (https://taxguru.in/goods-and-service-tax/forthcoming-amendments-gst-returns-part-1.html) In this article, we would be discussing the important aspects to be considered by the taxpayers due t...

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Posted Under: Fema / RBI |

Forthcoming amendments in GST returns – Part 1 of 2

Recent notifications from CBIC dated 10th November 2020 tend to implement several amendments pertaining to returns to be filed by the registered persons. Being most of the taxpayers are choked with GST – annual returns, ITR filing, day-to-day business chores, etc. This article summarizes the amendments notified in a lucid way. For t...

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Posted Under: Fema / RBI |

Anti-profiteering Penalty Provision not in existence till 31.12.2019: NAA

Deepak Kumar Khurana Vs Sattva Developers Pvt. Ltd. (NAA)

Deepak Kumar Khurana Vs Sattva Developers Pvt. Ltd. (NAA) Section 112 of the Finance Act, 2019 specific penalty provisions have been added for violation of the provisions of Section 171(1) which have come in to force w.e.f. 01.01.2020, by inserting Section 171(3A). Since no penalty provisions were in existence between the period w.e.f. 01...

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Delete TP adjustment by way of royalty Against Himalaya Drug Company- ITAT Directs AO

The Himalaya Drug Company Vs ACIT (ITAT Bangalore)

Himalaya Drug Company Vs ACIT (ITAT Bangalore) We noticed that the assessee has exported finished goods to its AEs located in various Countries and the AEs have only marketed the goods. Since the finished goods exported by the assessee are drugs and beauty care items, the assessee was required to comply with the requirement of […]...

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AAAR cannot answer on correctness of GST liability based on illustrative invoices

In re Apsara Co-operative Housing Society Ltd. (GST AAAR Maharashtra)

In re Apsara Co-operative Housing Society Ltd. (GST AAAR Maharashtra) The Maharasthra Appellate Authority for Advance Ruling upheld the Ruling passed by the Maharashtra Advance Ruling Authority, vide their Order No. GST-ARA-21/2019-20/B-34 dated 17.03.2020 and stated that the activities carried out by the Appellant would amount to supply ...

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SVLDRS 2019 due date extended for UT of J&K & Ladakh

Order No. 1/2020-SVLDRS, 2019 (13/11/2020)

Last date for filing applications under Sabka Vishwas (Legacy Dispute Resolution) Scheme extended to 31st December, 2020 for UT of Jammu & Kashmir and UT of Ladakh...

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Section 87(b)(i) not makes directors of Company, Vicariously or Jointly Liable for Dues of Company

Sanjiv Kumar Mittal Vs Deputy Commissioner (TRC), CGST Commissionerate Delhi South & Ors. (Delhi High Court)

Sanjiv Kumar Mittal Vs Deputy Commissioner (TRC), CGST Commissionerate Delhi South & Ors. (Delhi High Court) SECTION 87(b)(i) OF THE FINANCE ACT PROVIDES FOR A  GARNISHEE ORDER ONLY – i.e. PROVIDES FOR ATTACHMENT OF FUNDS OF AN ASSESSEE LYING WITH THIRD PARTIES. THERE IS NO PROVISION IN THE FINANCE ACT MAKING AN EX-DIRECTOR, EVEN I...

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Section 12A exemption cannot be denied without considering merits of the case

Thanthi Trust Vs DIT (Madras High Court)

Thanthi Trust Vs DIT (Madras High Court) Whether the Tribunal was right holding that the appellant trust is not eligible for exemption under Section 12A of the Income Tax Act, 1961 without considering the merits of the case in a proper manner? In the case on hand, there is no allegation that the assessee Trust […]...

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Stamp duty, registration charges on Transfer of Capital Assets Allowable

DCIT Vs B. E. Billimoria & Co. Ltd. (ITAT Mumbai)

DCIT Vs B. E. Billimoria & Co. Ltd. (ITAT Mumbai) The material on record would show that the assessee being resident corporate assessee was assessed for the year under consideration u/s. 143(3) on 27/10/2017. During assessment proceedings, it transpired that the assessee sold an office premises vide agreement dated 31/03/2015 for a co...

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SVLDR application rejection for sending Via email not justified: HC

Thought Blurb Vs Union of India and ors. (Bombay High Court)

The issue under consideration is application of declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDR) communicated via email is justified in law?...

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MSMEs to implement IT infrastructure to support electronic invoices in 50 days

The Government recently had stated that e-invoicing or electronic invoicing in s going to be mandatory for any business that has a turnover of above Rs 100 crore. The limit was Rs 500 crore according to the previous regulations. The small businesses previously who were not required to bother regarding e-invoicing under the Goods and Serv...

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Posted Under: Fema / RBI |

Availability of alternate remedy is no bar in entertaining a complaint under Consumer Protection Act, 1986

Imperia Structures Ltd. Vs Anil Patni And Another (Supreme Court of India)

Imperia Structures Ltd. Vs Anil Patni and Another (Supreme Court) Section 79 of the RERA Act bars jurisdiction of a Civil Court to entertain any suit or proceeding in respect of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is empowered under the RERA Act to determine. Section 88 specifies […]...

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Concept of Reinsurance and Risk Management

CONCEPT OF REINSURANCE  The Insurance companies generally take risks of insured in return for the premium. We know that these insurance companies are also prone to various types of risks. Since they are engaged in Financial Services and hence risks related to finance is huge in modern scenario. These risks increase more and more after [&...

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Posted Under: Fema / RBI |

Practical Problems in Two Wheeler Industry in India

Looking at the present GST  Collections, I personally doubt if there can be a rejig in the GST Rates on two wheelers because this is one main source of income which the GOI cannot ignore. It will continue to be taxed in the 28 % Slab....

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Posted Under: Fema / RBI |

Financial Regulation of Third Party App Providers: A Hollow Framework

The developments in the case of Abhijit Mishra vs. Union of India at the Delhi High Court, question the very legality in the operations of Google Pay and Paypal (‘mobile applications’). It was contended that the operations of the mobile applications violate Section 4 of the Payment and Settlements Act, 2007 (‘PSS Act’), which mand...

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Posted Under: Fema / RBI |

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