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Archive: November, 2020

Posts in November, 2020

NCLT Benches re-constituted to attend regular hearing via Video Conference w.e.f. 1.12.2020

November 25, 2020 1035 Views 0 comment Print

File No. 10/03/2020-NCLT NATIONAL COMPANY LAW TRIBUNAL 6th Floor, Block-3, CGO Complex, Lodhi Road, New Delhi- 110003 Dated: 25 November 2020 ORDER The NCLT Benches are hereby re-constituted as under to attend regular hearing through Video Conference w.e.f. 1.12.2020. The Benches shall hear the matters of respective jurisdiction as were hearing before lockdown (before 23rd […]

Detailed Analysis of TDS under Section 194-IA

November 25, 2020 16953 Views 1 comment Print

Section 194-IA is very familiar but tricky section to implement in real life. Though it is effected from year 2013, so many people are still unaware about many different things related to 194-IA and hence today I am writing this all inclusive article on Section 194-IA which will include everything from basic section, its compliance, […]

DG, GST arrests 3 in massive GST frauds of more than Rs 2350 crores

November 25, 2020 1725 Views 1 comment Print

The Mumbai Zonal Unit of the Directorate General of GST Intelligence, [DGGI-MZU], Central Board of Indirect Taxes & Customs (CBIC), today (November 25, 2020), arrested three persons for having indulged in massive frauds involving the availment & utilization, as well as passing on of ineligible Input Tax Credit (ITC) on the strength of bogus invoices. This has been stated in a press release issued by Seema Jere Bisht, Pr. Additional Director General, DGGI-MZU.

No rejection of books of account if no specific defect pointed out by AO

November 25, 2020 2346 Views 0 comment Print

Rejection of books of accounts under section 145(3) was not justified as once the books of accounts had been prepared/recasted, AO could not go back to the stage of survey proceedings  to contend that since no books of accounts were available at that point in time, he would not consider the books of accounts so recasted/prepared and furnished subsequently.

No detention of good for mere mismatch in Value in e-way bill

November 25, 2020 4197 Views 0 comment Print

P. H. Muhammad Kunju And Brothers Vs Assistant State Tax Officer (Kerala High Court) No detention on the ground that the value mentioned in delivery challan to job worker mis-matched with value mentioned in e-way bill from job worker In a case where the goods were detained during transit since there was a mismatch between […]

Section 11 exemption on donation by a charitable trust to others for utilization towards charitable objects.

November 25, 2020 4968 Views 0 comment Print

Inter-trust donations from one charitable trust to another for utilization by the donee trust for charitable purposes was proper application of income for charitable purposes in the hands of the donee trust and it would not affect the exemption claimed as application by the Donor trust.

Incorporation of Non Profit Company: Formation of Companies with Charitable Objects

November 24, 2020 3243 Views 0 comment Print

INTRODUCTION To provide an option to the person or association of person with a legal entity to carry charitable objects the government of India came-up with the section 25 in the Companies Act, 1956 and subsequently replaced by the Section 8 of the Companies Act, 2013. Section 8 discusses the incorporation of the company with […]

Reversal of ITC after legal availment under GST

November 24, 2020 25926 Views 6 comments Print

In the forth coming article we will discuss the issue that the right to avail the input tax credit is to be seen as on the date of the credit availment and not otherwise .The main intent of the this article is that whether ITC can be called upon to pay back by revenue officers […]

Lack of legally trained mind, manifest arbitrariness in revocation of GST registration: HC

November 24, 2020 2139 Views 0 comment Print

Read about Ansari Construction vs Additional Commissioner GST case. Unnecessary harassment, incorrect show cause notice, and arbitrary decisions highlighted. Full court order

SEBI relaxes requirement of Testing of software related to Trading

November 24, 2020 1464 Views 0 comment Print

It has been decided that requirement of mandatory mock trading sessions to facilitate testing of new software or existing software that has undergone any change of functionality shall be optional if a Stock Exchange provides suitable simulated test environment to test new software or existing software that has undergone any change of functionality and ensures the following:

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