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Archive: 22 January 2021

Posts in 22 January 2021

HC convicts persons for cheating Bank by availing Loan based on Bogus Securities

January 22, 2021 1704 Views 0 comment Print

Central Bureau of Investigation Vs Keshav Sharma @ Shahid (Special Court, Delhi) Accused Keshav Sharma impersonated as Ashok Jain s/o Sh. P.C. Jain and representing himself to be proprietor of M/s Creative Traders at plot No.9, Main Patparganj Road, opened account with Central bank of India, Parliament Street branch New Delhi and availed Cash Credit […]

Loss due to pull back of inventory from market on expiry of product allowable

January 22, 2021 2400 Views 0 comment Print

Hindustan Coca-Cola Marketing Company Pvt. Ltd Vs DCIT (ITAT Delhi) We have carefully considered the facts of the case that the assessee stated that approximately 10000 cases were pulled back by the assessee from the market in view of the exceptional quality issues. The assessee submitted that the above quality issue is the pulled back […]

Adjustment on account of ALP of AMP expenses not sustainable

January 22, 2021 2001 Views 0 comment Print

Rayban Sun Optics India Ltd. Vs ACIT (ITAT Delhi) We are of the considered opinion that the ALP of an international transaction involving AMP expenses, the adjustment made by the TPO/DRP/AO is not sustainable in the eyes of law. At the same time, we cannot ignore the submission of the learned DR that the matter […]

SC directs Bombay HC to hear issue of short tenure of 2 years for Members of Sales Tax Tribunal

January 22, 2021 987 Views 1 comment Print

Supreme Court has directed that the Tax Bar Association v State of Maharashtra pending in the Bombay High Court which challenges the very short tenure of 2 years for Members of Sales Tax Tribunal should be heard finally on 22.2.2021. This is in view of desperate situation of vacancies in the Tribunal.

Overview of RoDTEP scheme

January 22, 2021 53619 Views 26 comments Print

Remission of Duties and Taxes on Exported Products (RoDTEP) Remission of Duties and Taxes on Exported Products (RoDTEP) is a new scheme launched by the government to replace the existing MEIS scheme for exports of goods from India. RoDTEP Scheme, to benefit the exporters in place of MEIS was announced vide press release dated 31-Dec-2020, […]

GST consequence for failure to serve notice period

January 22, 2021 3963 Views 2 comments Print

A recent advance ruling from Gujarat Authority under the Goods and Services Tax Law has stunned the employees leaving service without completing their full notice period. According to Gujarat Authority of Advance Ruling in the matter of M/s Amneal Pharmaceuticals Pvt. Ltd. [Advance Ruling No. GUJ/GAAR/R/51/2020, dated July 30, 2020] , the employee leaving the company without […]

Company Law Committee recommended for ‘Small LLP’

January 22, 2021 1860 Views 0 comment Print

The Company Law Committee (CLC) has presented its Report on Decriminalization of the Limited Liability Partnership Act, 2008. The CLC was setup on 18th September, 2019 to make recommendations to the Government inter-alia on further decriminalization of certain “compoundable offences”, consequential amendments and certain other changes in the LLP Act, 2008 to facilitate and promote ease of doing […]

Udyam Registration – FAQs 2.0

January 22, 2021 23004 Views 0 comment Print

MSMEs are playing a significant role in emergence of Indian Economy. And for benefitting the MSMEs and their smooth functioning government is taking several steps, one of the major steps amongst them is the introduction of the new definition and a new portal for the same. Our previous articles on UDYAM Registration: — 1. Elucidation […]

How to Generate E Invoice under GST

January 22, 2021 11502 Views 2 comments Print

The Central Board of Indirect Taxes and Customs (CBIC) on Tuesday notified that GST e-invoicing will be mandatory for any firm whose turnover exceeds Rs 100 crore from January 1, 2021. The limit set earlier was a turnover of Rs 500 crore.

Intermediary services, post GST still an enigma

January 22, 2021 3015 Views 1 comment Print

In October 2014, the service tax law was amended to widen the tax base by including agents/ brokers engaged in facilitating sale of goods between two persons. The POS of an intermediary was amended in POS Provisions to introduce a deeming fiction to treat the location of the intermediary in India as the POS, by denying the real time destination of supply of service, which is outside India.

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