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Archive: 16 December 2020

Posts in 16 December 2020

Section 14A disallowance not sustainable if AO fails to records satisfaction about correctness of claim of assessee

December 16, 2020 1239 Views 0 comment Print

ITAT Kolkata quashes arbitrary disallowance by AO. Ambuja Housing wins against DCIT. Get insights into the judgment on Rule 8D and 14A.

Recent functionalities introduced on GST portal

December 16, 2020 8682 Views 1 comment Print

GSTN recently introduced functionalities for taxpayers on GST portal. Brief analysis of these functionalities are summarized herein below : 1. New tab for ‘Communication between GST taxpayers’: The said functionality is introduced to enable communication between the supplier and recipient with respect to any issue for any inward/ outward document. This shall help the taxpayers […]

Blocking & Unblocking of E-Way Bill Generation under GST

December 16, 2020 15273 Views 0 comment Print

1. E- Way Bill (EWB) generation blocking means not allowing the taxpayer to generate an E-Way bill if he has not filed GST Return for the latest two successive months or quarters. 2. STATUTORY PROVISION Rule 138E – No person (including a consignor, consignee, transporter, an e-commerce operator, or a courier agency) shall be allowed […]

No penalty for mere mismatch in invoice number mentioned in tax invoice with e-way bill

December 16, 2020 17295 Views 0 comment Print

Agarwal Industries Pvt Ltd Vs The Deputy Assistant Commissioner (ST) (IV) (Andhra Pradesh High Court) No penalty for mere mismatch in invoice number mentioned in tax invoice with e-way bill Detention of goods under section 129(1) of the CGST Act – mismatch in invoice number mentioned in tax invoice with e-way bill – clerical error […]

Use of unblocking functionality for generation of e-way bill

December 16, 2020 672 Views 0 comment Print

The Taxpayer whose e-way bill generation facility is blocked. may approach the concerned Nodal officer for unblocking the e-way bill generation by submitting online application in FORM GST EWB-05. The taxpayer in his application for restoration of facility to generate e-way bill may specify the following reasons for restoration:-

Section 154: AO cannot revise matter decided in appeal/revision

December 16, 2020 2679 Views 0 comment Print

Nikon India Pvt. Ltd. Vs DCIT (ITAT Delhi) Section 154(1A) lays down that rectification can be done for any matter other than the matter considered and decided in appeal/revision. Thus, whene any matter had been considered and decided in any proceeding by way of appeal or revision, rectification of such matter cannot be done by […]

All you need to know about QRMP scheme under GST w.e.f. 01.01.2021

December 16, 2020 170601 Views 12 comments Print

Taking another step towards the goal of increasing “Ease of doing business” in India and providing relief to small taxpayers; the GST Council in their 42nd Meet on 5th October 2020 proposed a quarterly return filing system for small taxpayers to be implemented w.e.f. 1st January, 2021. QRMP or Quarterly Return Monthly Payment Scheme is […]

section 24(b) interest allowable on both Residential & commercial property

December 16, 2020 41100 Views 0 comment Print

Indraprastha Shelters Pvt. Ltd. Vs DCIT (ITAT Bangalore)  With regard to the other reason given by the revenue authorities for denying deduction of interest paid to Mrs.Kaveri bai is by applying the 3rd proviso to Sec.24(b) of the Act. On perusal of the provisions of section 24(b), it is clear that the deduction is allowed […]

Presumptive Taxation under Section 44AD of Income Tax Act

December 16, 2020 11964 Views 0 comment Print

Why Presumptive Taxation required? Considering the various compliances problems faced by small taxpayers (like Shopkeepers, Small Traders, Professionals, Good Transport Agencies etc.) regarding maintenance of Book of Accounts and requirement of Audit under Income Tax Act. Government has introduced a Presumptive Taxation Scheme for Small Taxpayers. Who can claimed benefits under this Scheme? SECTION 44AD- […]

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