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Archive: December, 2020

Posts in December, 2020

GSTN Introduces Auto Populated details in Form GSTR 3B from Form GSTR 1 & GSTR 2B

December 19, 2020 25626 Views 0 comment Print

Note on Auto Population of details in Form GSTR 3B from Form GSTR 1 and GSTR 2B Recently GSTN introduced a facility to auto-populate system computed details in Form GSTR-3B for taxpayers (filing their Form GSTR-1 on monthly basis), from November 2020 Tax Period onwards. The mechanism of such auto population shall be as under: […]

GST on Discounts & Incentives In Automobile Industry

December 19, 2020 12480 Views 0 comment Print

Introduction The retail sale of various motor vehicles, which include two wheelers, three wheelers, four wheelers, various types of passenger cars, commercial vehicles and tractors etc. is done in India through a large network of automobile dealers. The retail sale of vehicles is done by dealers on a principal to principal basis by engaging in […]

ITAT Allows Foreign Tax Credit under Indo-Japanese Tax Treaty to Law Firm

December 19, 2020 1899 Views 1 comment Print

ITAT Mumbai verdict on Amarchand & Mangaldas vs ACIT. Disputed tax credit under Indo-Japanese tax treaty. Details of the case and judgment.

Mobilization advance is not an advance towards provision of services

December 19, 2020 8088 Views 0 comment Print

Gammon India Ltd. Vs Commissioner of Service Tax (CESTAT Mumbai) Mobilization advance is not an advance towards the provision of service and in the nature of loan facility. The ‘mobilization advance’ is adjusted against the final payment due and is not linked to the work but as a pledge of the contract between the appellant […]

Share application money constitutes ‘Capital Asset’ within the meaning of Section 2(14)

December 19, 2020 4545 Views 0 comment Print

DCIT Vs Morarjee Realities Ltd. (ITAT Delhi) ‘Capital Asset’ as defined in Sec.2(14) would mean property of any kind held by an assessee, whether or not connected with his business or profession’, except those which are specifically excluded in the said section. The only exclusion is only for stock in trade, consumables or raw materials […]

Emsigner Error in GST Portal- Resolution

December 19, 2020 515262 Views 16 comments Print

EMSIGNER ERROR IN GST PORTAL:- Failed to Establish Connection to the Server. Kindly Restart the Emsigner when your are filing your GST Return or While Registering your DSC in GST Portal you may face this kind of error. This kind of error may occur in the following situations/cases, i) When you are filing your GST return ii) When […]

Depreciation cannot be claimed on non-compete fee as it cannot be termed as intangible asset

December 19, 2020 1695 Views 0 comment Print

ACIT Vs Fortis Hospitals Ltd. (ITAT Delhi) Non compete fee did not confer any exclusive right to carry-on the primary business activity. The right is restricted only to the particular party or individual and does not have the exclusivity over the rest of the world. Thus, non-compete fee cannot be termed as intangible asset. The […]

Request for extension of due dates of Tax Audit Reports/ITR

December 19, 2020 32709 Views 19 comments Print

All India Federation of Tax Practitioners (CZ) has requested CBDT that due date of filing return of income u/s 139(1) for all the assesses be suitably extended, to 28.02.2021,from the current extended due date of 31.12.2020 for AY 2020-21. Simultaneously, the ‘specified date’ for filing tax audit reports be extended from 31.12.2020 to 28.02.2021 as […]

Mobilization money cannot be deemed as Income, merely for TDS deduction

December 19, 2020 12048 Views 0 comment Print

Merely because tax at source has been deducted by the builder, the receipt of mobilization money cannot be deemed as income of the assessee for the year under consideration. We, therefore, do not find any error in the decision reached by the Ld. CIT (A) in deleting the addition on this count. Finding no merit in this ground raised by the revenue, the same stands rejected.

CESTAT reduces penalty for Bonafide Foreign Currency Export Without RBI Permission & releases confiscated Currency

December 19, 2020 1422 Views 0 comment Print

Rajesh Kumar Ishwar Parikh Vs C.C. (CESTAT Ahmedabad) The Learned Authorized Representative in his submission also confirmed that Rs.19.91 Lacs were shown as Cash in hand in the books of Partnership Firm of both the appellants therefore, the source of fund for procuring the foreign currency was available with the appellants. The only lapse on […]

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