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Archive: January, 2021

Posts in January, 2021

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

January 28, 2021 2541 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 39441 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 1194 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 2343 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 3999 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 1443 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 7752 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 1200 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.

Recent Service Tax Show Cause Notices – Validity Thereof

January 27, 2021 288645 Views 55 comments Print

The Service tax authorities have recently issued a spate of SCNs for the FY 2015-16 to June 2017. Most of these notices are worded same and seems to be a template issued by someone from the ministry. The said SCN are purportedly issued under section 73(1) of the Finance Act 1994 alleging “wilful attempt to […]

Educational Material on Ind AS 23, Borrowing Costs

January 27, 2021 1773 Views 0 comment Print

Ind AS 23 prescribes the accounting treatment for recognising the borrowing costs incurred by entities. It sets out the criteria for capitalising the borrowing costs or for charging the borrowing costs as expense to the statement of profit and loss.

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