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Archive: 11 December 2020

Posts in 11 December 2020

SC reprimands practice of pronouncing Final Orders without passing detailed & reasoned judgments

December 11, 2020 2871 Views 0 comment Print

Oriental Insurance Co. Ltd. Vs.Zaixhu Xie & Ors. (Supreme Court) Apex Court reprimands the practice of pronouncing Final Orders without passing detailed & reasoned judgments It is common knowledge that the Courts sometimes pronounce final orders at the time of hearing of the case but do not pass detailed & reasoned judgements immediately thereafter. Such […]

Toys (Quality Control) Second Amendment Order, 2020

December 11, 2020 5643 Views 1 comment Print

Taking steps towards the Prime Minister’s vision of making India a global manufacturing hub for sale & exports of toys, Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry has devised a comprehensive action plan with steps being taken to boost production & sale of indigenous toys across the country.

Schedule of ICAI CA Examinations – January / February 2021

December 11, 2020 12987 Views 1 comment Print

In reference to the Announcement dated 19th November 2020, it is notified for general information that next Chartered Accountant Examinations for the students who had opted-out from November 2020 Examinations and opted for November 2020 Cycle – II is scheduled from 21st January 2021 to 7th February, 2021 as per details given below.

Anti-Profiteering penalty not in existence between period w.e.f. 01.07.2017 to 31.12.2018

December 11, 2020 564 Views 0 comment Print

Potnoor Naveen Vs Caroa Properties LLP (NAA) NAA held that Since, no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 31.12.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. Accordingly, the notice dated 10.02.2020 issued […]

Section 171(1) violation not covered U/s. 122(1)(i) of CGST Act, 2017

December 11, 2020 1131 Views 0 comment Print

Crown Express Dental Lab Vs Theco India Private Limited (NAA) From the perusal of Section 122 (1) (i) of the CGST Act, 2017, it is clear that the violation of the provisions of Section 171 (1) is not covered under Section 122 (1) (i) of the CGST Act, 2017 as it does not provide penalty […]

No penalty for Violation of Section 171(1) occurred before 01.01.2020

December 11, 2020 585 Views 0 comment Print

Mohit Arora Vs Lodha Developers Ltd (NAA) Since no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 31.08.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. Accordingly, the notice dated 18.12.2020 issued to the Respondent […]

Inox Leisure guilty of not passing benefit of reduction in GST rate: NAA

December 11, 2020 1233 Views 0 comment Print

Shri. I.P Saji Vs Inox Leisure Pvt. Ltd. (NAA) The brief facts of the case are that a reference was received from the Standing Committee on Anti-profiteering from Applicant No. 1, alleging profiteering in respect of the supply of restaurant service despite a reduction in the rate of GST from 18% to 5% w.e.f. 15.11.2017. […]

Important FAQ’s on Real Estate Regulatory Authority (RERA) Act, 2016

December 11, 2020 11124 Views 8 comments Print

Today I’m going to discuss about Important FAQ’s on Real Estate Regulatory Authority (RERA) Act, 2016. After posting my article titled ‘Basics of the Real Estate Regulatory Authority (RERA) Act, 2016‘, I have received many suggestions and mails to provide more FAQ’s in details on RERA. Following important FAQ’s on RERA Act,2016 prepared by me […]

No TDS on minimum guarantee royalty paid by distributor for acquiring exhibition rights of movie

December 11, 2020 4479 Views 0 comment Print

Minimum guarantee amount which was paid by the distributor for acquiring the exhibition rights of a movie was a fixed expenditure for the distributor that was paid to producers irrespective of the fact whether the film generated a profit or incurs losses. Hence, the payments made by assessee did not fall under the term Royalty and did not attract the provisions of TDS.

Deduction allowable on provision for software expenses

December 11, 2020 3492 Views 0 comment Print

Provision for software expenses could not be disallowed by considering it as contingent liability as assessee was required to make provision for all known liabilities and losses as per accounting standards prescribed by ICAI and also by the Central Government under the Income Tax Act even though the amount could not be determined with certainty.

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