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Archive: 11 January 2021

Posts in 11 January 2021

IBBI fines IP Rs. 10000 for professional misconduct

January 11, 2021 810 Views 0 comment Print

In the matter of Mr. Girish Siriram Juneja, Insolvency Professional (IP) under Regulation 11 of the Insolvency and Bankruptcy Board of India (Insolvency Professional) Regulations, 2016

Professional Misconduct if an IP accepts assignment as RP in CIRP after 31.12.2019 without holding a valid AFA

January 11, 2021 693 Views 0 comment Print

Professional Misconduct if an IP accepts assignment as RP in CIRP after 31.12.2019 without holding a valid AFA DC finds that an order has been passed against Mr. Bhat on 1st December, 2020 by the Disciplinary Committee of IPA for accepting assignment as RP after 31st December, 2019 without holding a valid AFA in the […]

Accepting assignment as IRP after 31.12.2019 without holding a valid AFA- No misconduct if consent given prior to 1.1.2020

January 11, 2021 624 Views 0 comment Print

Accepting assignment as IRP after 31.12.2019 without holding a valid AFA- No misconduct if consent given prior to 1.1.2020 The DC finds that an order by the Disciplinary Committee of the IPA dated 1st December 2020 has been passed disposing the SCN issued by IPA dated 31st August 2020 to Mr. Laddha, on the issue […]

GST payable on commission received in Foreign currency for rendering services as an ‘Intermediary’ 

January 11, 2021 2061 Views 0 comment Print

In re DKV Enterprises Private Limited (GST AAR Andhra Pradesh) Whether the marketing and consultancy services supplied by the applicant are liable under export of service or not? The service provided by the applicant is intermediary service as per section 2(13) of the IGST Act, 2017. The applicant is covered and fits into the definition […]

Property or other tax cannot be deducted to compute rental value for GST

January 11, 2021 1611 Views 0 comment Print

In re Midcon Polymers Pvt Ltd. (GST AAAR Karnataka) The Appellate Authority modify the advance ruling No.KAR ADRG 48/2020 dated 16-09-2020 and answer the questions raised by the Appellant in the original advance ruling application and in this appeal, as follows: 1. For the purpose of arriving at the value of rental income, the Appellant […]

No Advance Ruling can be given on an issue already pending with proper officer

January 11, 2021 675 Views 0 comment Print

In re Vijayawada Wholesale Commercial Complex Members Welfare Society (GST AAR Andhra Pradesh) We have examined the issues raised in the application and the submissions of the applicant as well. In the context of the remarks submitted by the assessing officer, we examine the admissibility of the application without going into the merits of the […]

No reassessment for mere change of opinion by the AO

January 11, 2021 4539 Views 0 comment Print

Jagdish U. Thackersey Vs DCIT (ITAT Mumbai) It is well settled that mere fresh application of mind to the same set of facts or mere change of opinion does not confer jurisdiction even under the post-1989 section 147. The consistent view is that even after amendment of section 147 (w.e.f. 01.04.1989) mere change of opinion […]

Income from sale of software constitutes business income instead of royalty in absence of PE

January 11, 2021 2130 Views 0 comment Print

Income earned by assessee from sale of software, either directly to the customers in India or through Distributors or Resellers constituted its business income and not the Royalty income. As admittedly assessee did not have any Permanent Establishment in India, such income will not magnetize Indian taxation.

ITR filing after death of a taxpayer

January 11, 2021 39027 Views 5 comments Print

Introduction: In this article we are going to discuss the tax implications in case of a deceased Assessee (intestate or without a will). According to Section 159 of the Income Tax Act, 1961 “When a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to […]

Cognizable & Non-Cognizable Offence under Companies Act 2013

January 11, 2021 10959 Views 0 comment Print

The law relating to criminal procedure applicable to all criminal proceedings in India is contained in the Code of Criminal Procedure, 1972 (Code). The Code is an Act to consolidate and amend the law relating to Criminal Procedure. The ‘Cognizable and Non-cognizable Offences’ have been categorised under the Code as cognizable and non-cognizable offence. It […]

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