"18 November 2020" Archive

DGGI busted Inter State Fake Invoice racket

Release ID: 1673705 (18/11/2020)

Inter State Fake Invoice racket with fake transactions valued at over Rs. 131 Crore value busted by DGGI involving fraudulent Input Tax credit of Rs. 26.09 Crore...

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Income from time charter services rendered by vessel cannot be treated as ‘royalty‘

Smit Singapore Pte Ltd. Vs DCIT (ITAT Mumbai)

Smit Singapore Pte Ltd. Vs DCIT (ITAT Mumbai) Assessee had received charges on account of time charter services rendered by its vessel ‘Smit Borneo‘ along with the crew to Leighton India Contractor Pvt. Ltd., and not for allowing the latter the ‘use‘ or ‘right to use‘ of industrial, commercial, or scientific equipm...

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Checklist for ROC compliances during statutory audit for unlisted companies

In India, the term “statutory auditor” refers to an external auditor whose appointment is mandated by law. A “statutory audit” is a legally required review of the accuracy of a company’s or government’s financial records. The purpose of a statutory audit is the same as the purpose of any other audit ...

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Posted Under: Income Tax |

HC denies relief to CIT accused of Corruption & causing loss of Rs. 7.26 crores to revenue

S. K. Srivastava Vs Central Bureau Of Investigation And 4 Ors. (Allahabad High Court)

The petition is filed by retired official o quash charges in respect of offences of cheating, criminal conspiracy and Corruption against CIT(A)....

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Method of Accounting Can’t be Rejected u/s 145 Without Examination of Books

VRB Foods Pvt. Ltd. Vs DCIT (ITAT Delhi)

The issue under consideration is whether rejection of method of accounting under section 145 without even examination of books of assessee is justified in law?...

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Section 56(2)(vii)(b) Not Applicable if It Is Not Enacted as on Date of Agreement

ACIT Vs Sri Anala Anjibabu (ITAT Visakhapatnam)

The issue under consideration is whether provisions of section 56(2)(vii)(b)(ii) are applicable on difference between consideration paid for purchase of property and SRO value as on date of agreement?...

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Section 147/148 proceedings on mere investigation wing information was not valid

Hitesh Ashok Vaswani Vs DCIT (ITAT Ahmedabad)

Hitesh Ashok Vaswani Vs DCIT (ITAT Ahmedabad) In the present case the search information received from the investigation wing was used to form the reason to believe by the AO but without applying the mind. Thus the reasons were merely recorded on the borrowed satisfaction by the AO. The source for all the conclusions was […]...

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Pass special resolution if remuneration payable to executive promoter director exceeds 5% of net profit: SEBI

Notification No. SEBI/HO/CFD/CMD1/0W/P/2020/19620/1 (18/11/2020)

SEBI held that in case if the aggregate remuneration payable to all executive promoter directors exceeds 5 per cent of the net profits, the Company shall be required to pass a special resolution under clause (ii) of regulation 17(6) (e) of LODR Regulations, subject to the condition that such approval of the shareholders shall be […...

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IRDAI Master Circular: Unclaimed Amounts of Policyholders

Ref. No: IRDA/F&A/CIR/Misc/282 /11/2020 (18/11/2020)

Insurance Regulatory and Development Authority of India Ref. No: IRDA/F&A/CIR/Misc/282 /11/2020 Date:18-11-2020 All Life/ General/ Health Insurers  Master Circular: Unclaimed Amounts of Policyholders  The Authority has issued various directions regarding the Unclaimed Amounts of Policyholders from time to time. All such directions w...

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Secondary & higher education cess deductible as business expenditure

Aptean India Pvt. Ltd. Vs DCIT (ITAT Bangalore)

Aptean India Pvt. Ltd. Vs DCIT (ITAT Bangalore) Assessee submitted that’s education says and secondary and higher education cess has been duly discharged by assessee while computing tax liability under normal provisions of income tax act. Placing reliance on following decisions Ld.AR submitted that ‘cess’ is deductible as business e...

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Imports from North Korea (KP)/Exports to North Korea (KP)- reg.

Instruction No. 19/2020-Customs (18/11/2020)

The undersigned is directed to refer to the United Nations Security Council's (UNSC) Resolution relating to the above subject, the latest being 2397 (2017). The UNSC's resolutions have been adopted by Government of India and the above stated resolution has been given force in law by way of DGFT Notification No. 52/2015-20 dated 07.03.2018...

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GST- Quarterly Return & Monthly Payment Scheme (QRPS)

The GST Council in their 42nd Meet on 5th October 2020 proposed a quarterly return filing system for small taxpayers having aggregate turnover up to Rs 5 crores with effect from 1st January, 2021. Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 143/13/2020- GST on 10th November 2020, outlining guidelines and [&h...

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Posted Under: Income Tax |

Income Tax Relief for home buyers & Real Estate Developers

In a recent press conference conducted by the Hon’ble Finance Minister Ms. Nirmala Sitharaman on 12th November 2020 followed by a press release dated 13th November 2020, Diwali gift for the real estate developers and home buyers was announced in the form of income tax relief where a new amendment was proposed in section 43CA […]...

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Posted Under: Income Tax |

Faulty Definition of Intra-State Supply for Levy of GST by States

The recommendation of the Goods and Services Tax Council (GST Council) made to States provides that States shall levy State Goods and Services Tax on ‘intra-State supply’ as defined in section 8 of the Integrated Goods and Services Tax Act, 2017.  In my personal opinion, such recommendation is not in conformity of scheme of l...

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Posted Under: Income Tax |

Haryana State Employment of Local Candidates Bill, 2020

Legislative Assembly of Haryana government on November 5, 2020 passed a 'Haryana State Employment of Local Candidates Bill, 2020', (the Bill). The Bill paves a way for more employment opportunity for locals in private sector. Similar to the bill introduced by Andhra Pradesh Government, Haryana too has announced that 75 per cent of private...

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Posted Under: Income Tax |

Valid issuance of notice u/s 143(2) mandatory for framing scrutiny assessment

Balaji Enterprise Vs ACIT (ITAT Guwahati)

Balaji Enterprise Vs ACIT (ITAT Guwahati) The case of the assessee was reopened u/s 148 by the ACIT, Investigation, Delhi, on the basis of CBI search. When the question of jurisdiction came before the Hon’ble High Court, it was held that where the assessee shifts his residence etc., the AO of the place where the […]...

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Amendments to guidelines for preferential issue and institutional placement of units by a listed InvIT

Circular No. SEBI/HO/DDHS/DDHS/CIR/P/2020/232 (17/11/2020)

Securities and Exchange Broad of India CIRCULAR SEBI/HO/DDHS/DDHS/CIR/P/2020/232 November 17, 2020 To, All Infrastructure Investment Trusts (“InvITs”) All Parties to InvITs All Stock Exchanges All Merchant Bankers and other Intermediaries Madam/Sir, Sub: Amendments to guidelines for preferential issue and institutional placement of un...

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Final IRDAI order in the matter of M/s. Metis Marketing Services Ltd., Corporate Agent

Ref. No:IRDA/ENF/ORD/ONS/279/11/2020 (18/11/2020)

The CA shall confirm compliance in respect of all the directions within 21 days from the date of receipt of this order. The order shall be placed before the CA’s Audit committee and also in the next immediate Board meeting and the CA shall submit to the Authority a copy of the minutes of the discussion....

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Healthcare Tests for ICAI members & dependents at 15% by Dr. Lal Path Labs

Arrangement of the Discounted Diagnostic and Related Healthcare Tests for the Members of ICAI & their dependents : An initiative by the Committee for Members in Practice (CMP), ICAI...

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Posted Under: Income Tax |

Withdrawal of an application Under IBC

The Insolvency and Bankruptcy Code has been introduced with an object of maximization of the value of the assets, promote entrepreneurship ,availability of credit, resolution of insolvency within the time bound manner balance the interest of all stakeholders including alteration of priority of payments to the Govt are some of the objects ...

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Posted Under: Income Tax |

PPT on Benami Transactions

Benami Transactions One should not enter into any benami transaction as its consequences are severe and unescapable. Please find attached herewith insights on the Prohibition of Benami Property Transactions Act, 1988. Benami property means any property which is the subject matter of a benami transaction and also includes the proceeds f...

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Posted Under: Income Tax |

ITAT upheld Penalty u/s 271AAB(1) on Undisclosed Investment

Pawan Mundra Vs DCIT (ITAT Jaipur)

Pawan Mundra Vs DCIT (ITAT Jaipur) The issue under consideration whether AO is justified levying penalty under section 271AAB on failure to offer explanation about the source of the undisclosed investment in land? ITAT states that during course of post search proceedings, assessee admitted an income of Rs. 6,00,000 on account of undisclos...

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Land owner can claim Section 80-IB(10) despite no expense on Housing Project

CIT Vs Astoria Leathers (Madras High Court)

The issue under consideration is whether Tribunal was correct and justified in directing the AO to allow deduction under section 80-IB(10) to assessee land owner when it had not incurred any expenses towards development or construction of the housing project?...

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Showing GSTR-3B Turnover In 26AS – An Opinion

Recently, one of the major changes implemented in the Income Tax system. Now in Form 26AS, the Turnover as per GSTR-3B will be reported. Now, let’s discuss the implication of the same by going through some logical sequence. JOURNEY OF GSTR – 3B Originally, GSTR-3B was introduced as temporary replacement of GSTR–3. It was not [&helli...

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Posted Under: Income Tax | ,

GST Council Law Committee to meet & discuss fake invoices on Nov 18

An urgent meeting of the Law Committee of the Goods and Service Tax (GST) Council has been convened tomorrow in New Delhi to discuss in detail the issue of fake invoices to claim input tax credit under the indirect tax regime. The meet will deliberate on ways of further tightening of the GST registration process […]...

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Posted Under: Income Tax |

Ministry of I&B requests compliance of policy on FDI in digital media within a month

Union Ministry of Information and Broadcasting has today issued a public notice to facilitate eligible entities involved in uploading/streaming of news and current affairs through digital media, to comply with the decision of Union Government on 18th September 2019, which had permitted 26% FDI under Government approval route....

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Posted Under: Income Tax |

Consequences of non-payment of outstanding Annual Listing Fees for FY 2020-21 | Listed Companies – Be Alert !!!!!

NSE and BSE both vide Circular Ref No: NSE/CML/2020/53 and notice no. 20201106-39 dated 06.11.2020, respectively has issued circular stating Action(s) to be initiated against listed companies for non-payment of outstanding Annual Listing Fees (“ALF”) for Financial Year 2020-21....

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Posted Under: Income Tax |

ITAT explains Tax on Payments received by retired partner

Dr. Vithal V. Kamat Vs JCIT (ITAT Mumbai)

Hon’ble Supreme Court in the case of CIT v. Tribhuvandas G. Patel (supra) has held that any amount paid to the partner upon his retirement towards his share in assets is not a transfer within the meaning of section 47(ii) of the Act and not liable to capital gain....

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Commissioner can authorize ‘arrest’ prior to completion of adjudication/assessment

The Hon’ble HC, Gujarat in Vimal Yashwant Giri Goswami & Others v. State of Gujarat [R/SLP No. 13679/2019 dated 20.10.2020] held that the power to arrest as provided under Section 69 read with Section 132 of Central Goods and Services Tax Act, 2017 (CGST Act) can be invoked by Commissioner prior to the completion of […]...

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Posted Under: Income Tax |

11 Important FAQs on Quarterly GST Return & Monthly Payment

11 Important FAQs of Quarterly Return and Monthly Payment (‘QRMP’) Scheme w.e.f 1st January, 2021 With the coming of 1st day of any new month or the 1st day of the new quarter, GST Council is ready to come out with certain new changes. Whether it is 1st October 2019 (Changes in Section 36(4) , […]...

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Posted Under: Income Tax |

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