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Archive: December, 2020

Posts in December, 2020

Reopening on Borrowed Satisfaction Without Application of Mind Invalidates Reasons Recorded By AO

December 2, 2020 3609 Views 0 comment Print

Neel Builders Pvt. Ltd. Vs ITO (ITAT Delhi) A perusal of the reasons for reopening of the case for the impugned assessment year, copy of which is placed at paper book page No. 20-21 shows that the reopening was made on the basis of the report of the investigation wing and there is no independent […]

Section 127: Assessee cannot choose his Assessing Authority- HC

December 2, 2020 8076 Views 0 comment Print

Advantage Strategic Consulting Private Limited Vs PCIT (Madras High Court) Transfer Order passed under Section 127 of the Income Tax Act, 1961, is more in the nature of an administrative order rather than quasi-judicial order and the Assessee cannot have any right to choose his Assessing Authority, as no prejudice can be said to have […]

Department to rectify order passed in GST DRC 07 if Tax & Penalty been paid

December 2, 2020 33087 Views 0 comment Print

Libra International Limited Vs  Assistant Commissioner Commercial Tax (Allahabad High Court) A combined reading of sub­rules (5), (6) and (7) of Rule 142 of the Rules, 2017, indicate that a mechanism is provided for uploading summary of certain specified orders, including the order issued under Section 129 in FORM GST DRC­07, specifying therein the amount […]

DM obligated to provide protection & security to senior citizens

December 2, 2020 11247 Views 1 comment Print

Maintenance of Parents & Senior Citizens Act- DM to ensure the protection of life and property of senior citizens to enable them to live with security and dignity

Department cannot be permitted to be a voluntary litigant in Constitutional Courts

December 2, 2020 732 Views 0 comment Print

Government Department cannot be permitted to be a voluntary litigant in the Constitutional Courts especially to challenge the orders of the learned Single Judge without any valid rhyme or reason.

GST Authorities can initiate inquiry u/s 70 collaterally with proceedings u/s section 6(2)(b)

December 2, 2020 22404 Views 0 comment Print

GST authorities are allowed to initiate inquiry proceedings under Section 70 of CGST Act, 2017 collaterally with the proceedings under section 6(2)(b) as prohibition of Section 6(2)(b) of the C.G.S.T. Act shall come into play only when any proceeding on the same subject-matter has already been initiated by a proper officer under the U.P.G.S.T. Act and therefore, proper officer under the U.P.G.S.T. Act or the C.G.S.T. Act may invoke power under Section 70 in any inquiry.

Conversion of Loan into Share Capital

December 2, 2020 16458 Views 5 comments Print

Conversion of loan into Share Capital as per the Provisions of CA, 2013 As per the provisions of Companies Act, 2013, Companies have option to convert its Loan into Share Capital Under Section 62(3) of CA, 2013. Extract of Section 62(3) of Companies Act, 2013 : Company has to follow the detailed procedure to convert […]

TCS under section 206C(1H)-A Detailed View

December 2, 2020 80862 Views 8 comments Print

Tax Collection at Source on sale of goods has been introduced by the Government of India in the Finance Act 2020 to widen the tax base vide Section 206C(1H) w.e.f. 1st October 2020. Under this section, the seller of the goods has to collect the tax from the buyer on receipt of money from him […]

Interest free funds presumed to be used for interest free loans: ITAT

December 2, 2020 3255 Views 0 comment Print

Assetz Infrastructure Pvt. Ltd. Vs DCIT (ITAT Bangalore) There is no dispute with regard to the fact that the interest free advances received from customers was available with the assessee to the tune of Rs.16.96 crores as noticed by Ld CIT(A) at page 28 of his order, i.e., Rs.14.22 crores under Schedule V and Rs.2.74 […]

TDS liability cannot be imposed retrospectively based on subsequent Judgment

December 2, 2020 4674 Views 0 comment Print

ACIT Vs Acer India Private Limited (ITAT Bangalore) Conclusion: No disallowance under section 40(a)(i) could be made as there could not be a retrospective obligation to deduct tax at source and therefore as on the date when assessee made payments to the non-resident for acquiring off-the-shelf software, could not be regarded as in the nature […]

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