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Archive: December, 2020

Posts in December, 2020

Prevention of Money-laundering (Maintenance of Records) Fourth Amendment Rules, 2020.

December 28, 2020 6303 Views 0 comment Print

These rules may be called the Prevention of Money-laundering (Maintenance of Records) Fourth Amendment Rules, 2020. (2). They shall come into force on the date of their publication in the Official Gazette.

No capital gain on Gifting of Share from one company to other

December 28, 2020 4119 Views 0 comment Print

Manjula Finance Ltd Vs ITO (ITAT Delhi) It is an undisputed fact that the assessee being the absolute owner of the shares gifted , had full enjoyment rights including to alienate, discard and even demolish, unless prohibited by some statutory provisions, it is within the powers of the assessee to make gift at its free […]

One-time Condonation Scheme to regularize UDINs

December 28, 2020 2439 Views 0 comment Print

As a One-time condonation scheme, to regularize the non-generation of UDIN, it has been decided that Members will be allowed to generate the earlier missed UDINs for the documents signed between 1st February 2019 to 31st December, 2020. The scheme will be made available from 1st January, 2021 till 31st January, 2021.

Compensation for Loss of Trees is agricultural income

December 28, 2020 6099 Views 0 comment Print

Flower valley Agro Tech Pvt. Ltd Vs ITO (ITAT Mumbai) We find that certain trees lying on assessee’s land were cut since the same were obstructing the hire tension wires of the Electricity Company. For the same, the assessee was compensated for Rs.10.14 Lacs during the year. We observe that the assessee was engaged in […]

No revision in case investments of assessee trust complying with section 11(5) & section 13(1)(d)

December 28, 2020 1251 Views 0 comment Print

Sir Ratan Tata Trust Vs DCIT (ITAT Mumbai) Conclusion:  Commissioner was clearly in error in invoking powers under section 263 on the ground that the Assessing Officer failed to examine the investments of the trust complying with the provisions of Section 11(5) and Section 13(1)(d) as how the trust was treating the investment, i.e., in […]

When Allegation of Wrong Availment of Input Tax Credit Not Sustainable?

December 27, 2020 11898 Views 5 comments Print

Allegation of Wrong Availment Of Input Tax Credit (ITC) is Not Sustainable If Conditions of Section 16 of CGST Act Satisfied and Tax Has Been Paid at The Time of Supply The wrong and fraudulent availment of input tax credit and their utilization became a matter of discussion now a days, as recently department arrested […]

Right to Dissent- Most important Right Guaranteed by Constitution

December 27, 2020 3564 Views 0 comment Print

The Allahabad High Court in the case of Yashwant Singh v. State of UP & Ors. decided on 23 December 2020 held in explicit terms that merely expressing dissent against the affairs of a government or its functionalities is not a criminal offence. It is noteworthy that the Right to Dissent is the most important […]

PCIT cannot invoke revisional jurisdiction on issue, which AO could not examine in reassessment proceedings

December 27, 2020 738 Views 0 comment Print

Nilesh Ajit Kumar Jain Vs ITO (ITAT Mumbai) A perusal of the assessment order shows that the assessment was reopened to examine misuse of Client Code Modification for tax evasion. No addition was made by the Assessing Officer in respect of the issue for which the assessment was reopened. It is a well settled law […]

ITAT deletes Addition of Rs. 300 Lakh – section 68 – unexplained cash credit

December 27, 2020 1284 Views 0 comment Print

Capital Infra Projects Pvt Ltd Vs DCIT (ITAT Delhi) The quarrel is in respect of loan received from M/s Pabla Leasing and Finance Pvt. Ltd amounting to Rs. 3 crores in each A.Y treated by the Assessing Officer as unexplained cash credit and, accordingly, additions have been made under section 68 of the Act. The […]

Brexit 2020-2021: What does it mean to you or me?

December 27, 2020 1992 Views 0 comment Print

The expected event since 2016 has happened. On 1 January 2021, the United Kingdom will leave the EU Single Market and Customs Union, and all EU policies. This was its choice. As a result, it will lose all the rights and benefits it had as an EU Member State, and will no longer be covered […]

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