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Archive: 28 January 2021

Posts in 28 January 2021

ITR software should allow filing of Return despite non payment of Tax

January 28, 2021 1215 Views 0 comment Print

The Income Tax Department is also directed to consider the provisioning of a facility in its software to upload Income Tax Returns with the actual amount paid and for the system to accept the said returns even though the complete amounts had not been paid.

Service rendered by Tata Sons under BEBP agreement eligible as ‘input service ‘for Tata Steel

January 28, 2021 2487 Views 0 comment Print

Service rendered by Tata Sons Ltd. under BEBP agreement  between Tata Steel Ltd. and Tata Sons Ltd. was eligible as ‘input service’ for TSL and the service tax paid was available as cenvat credit to TSL under the Cenvat Credit Rules, 2004.

How to decide various dates for Annual report & filing

January 28, 2021 39246 Views 2 comments Print

How to decide various dates for Annual report and for Annual filing including for financial year 2019-20 1) First draft un- audited Financial Statements are prepared as per section 128, 129 & 130 2) As per section 173, Then Board meeting is called by serving atleast 14 days notice for signing of draft Un-audited Financials […]

AO cannot reject Share valuation method adopted  by Taxpayer Arbitrarily

January 28, 2021 1170 Views 0 comment Print

Bharat Elevators & Engineers Private Limited Vs ITO (ITAT Kolkata) There are two limbs in Section 56(2)(viib) of the Act. As per explanation to Section 56(2)(viib) of the Act, the first limb is valuation to be made as per the prescribed method. In fact, the method for valuation of shares is prescribed under Rule 11UA […]

ITAT quashes reopening of assessment as AO not alleged that Assessee failed to disclose material facts during Original Assessment

January 28, 2021 2310 Views 0 comment Print

Since there was no allegation by AO on failure on the part of assessee to disclose fully and truly all material facts necessary for assessment, therefore, reopening of assessment was not based on sound footing and hence the impugned assessment order framed u/s.143(3) r.w.s. 147 was illegal and liable to be quashed.

ITAT deletes addition for cash seized which was duly explained by Assessee

January 28, 2021 3918 Views 0 comment Print

Om Prakash Karnani Vs. ACIT (ITAT Jaipur) Undisputedly, the cash amounting to Rs. 5,34,000/- seized from the possession of Sh. Nand Lal Joshi and Sh. Nand Lal Pandya belongs to the assessee. The limited question therefore is source of such cash found and seized from the possession of these two persons which belongs to the […]

ITAT restricts Section 14A Disallowance to the extent of exempt income

January 28, 2021 1407 Views 0 comment Print

Disallowance u/s 14A got restricted to the extent of exempt income, even if the provisions of the section 14A were attracted.

TCS on Sale of Goods – An effort to clear the mist of confusions

January 28, 2021 7728 Views 4 comments Print

It’s been almost four months for the implementation of Section 206C (1H), but still, a lot of confusions are there in the mind of taxpayers. Here, an effort has been made to share my knowledge with all of you which could help to clear the mist of confusions. Q.1 When the TCS should be collected […]

CENVAT credit on reinsurance services for insuring business risks allowable

January 28, 2021 1185 Views 0 comment Print

In the instant case, the reinsurance services availed by the Appellant are for insuring its business risks and not in respect of any particular motor vehicle. Reinsurance, by its nature, pertains to the insurance of business of the Appellant.

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