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Archive: January, 2021

Posts in January, 2021

Alleged freebees to Doctors: CIT cannot assume jurisdiction on mere presumptions

January 8, 2021 1023 Views 0 comment Print

M/s SRL Diagnostics Pvt. Ltd. Vs PCIT (ITAT Mumbai) Mere finding the assessment order is erroneous does not give power to Ld. PCIT to annul the assessment order. It is duty imposed by the provision of section 263 that Ld. PCIT has to determine and satisfy both the conditions that the order passed by AO […]

Transfer of excess contribution made by Stock Exchanges

January 8, 2021 495 Views 0 comment Print

Transfer of excess contribution made by Stock Exchanges from Core SGF of one Clearing Corporation to the Core SGF of another Clearing Corporation

Chacolate Milk Powder is classifiable under Tariff heading 1806

January 8, 2021 1818 Views 0 comment Print

Milk and Milk products are classified in Chapter 4 and the headings 0401 86 0402 are relevant to Milk / Milk in the form of powder or granules and crème. The product in the instant case is neither milk nor milk powder but ‘Chocolate Milk Powder’, which is admittedly obtained on blending of Whole Milk Powder with Chacolate Flavoured Powder in the ratio of 97.5 to 2.5.

Benefit of Filing Income Tax Return for Individuals & HUF

January 8, 2021 2112 Views 2 comments Print

Benefit of Filing Income Tax Return for an individual and HUF, and for whose income is below exemption limit are as follows: 1. Proof of Income/Proof of net worth: The best authentic document in support of claim of income level is the Income tax return of the person. 2. Eligibility in Loan application: Income tax […]

No income tax on receipt of reimbursement of software license fees from Indian subsidiary

January 8, 2021 2592 Views 0 comment Print

No income tax applicable on receipt of software license fees from an Indian subsidiary as it was reimbursement of software licence fees paid by assessee to a third party, and, therefore, it could not constitute income taxable in the hands of assessee. 

No revision on mere suspicion of likely escapement of income

January 8, 2021 933 Views 0 comment Print

Mere suspicion of likely escapement of income was not a ground for revision by invoking powers u/s 263 of the Act. Such an order was bad in law.

ICAI request for further extension of TAR/ITR due dates

January 8, 2021 58890 Views 14 comments Print

ICAI request FM to consider further extension(s) of various due dates under Income-tax Act, 1961 especially Tax Audit Reports (TAR) and related returns and Income Tax Return (ITR) Forms  for AY 2020-21. text of their representation is as follows:- ICAI/DTC/2020-21/Rep-31 To Chairman, Central Board of Direct Taxes, Ministry of Finance, Government of India, North Block, […]

ICAI Launches 100 Facilitation Centre for MSME/GST

January 8, 2021 1950 Views 0 comment Print

ICAI launched MSME Mentorship Programme & 100 Facilitation Centre for MSME/GST during National Conclave on Empowering MSMEs towards Aatmaniarbhar Bharat to make them globally competitive.

CA Association Criticised Action & Policies of FMO after insufficient due date extension

January 8, 2021 46998 Views 11 comments Print

Chartered Accountants Association, Surat has written a letter to FM and criticized Finance Minister Office (FMO) for its Poor Actions and Policies. As per the letter Actions of FMO ultra-vires the Citizen’s Charter, Deteriorated working standards and health of the stakeholders, FMO failed in recognition of efforts put by the tax professionals, Ignoring communication with […]

Limitation period for commencement of arbitration runs from the date cause of action would have accrued

January 8, 2021 5718 Views 0 comment Print

ust as in the case of civil actions the claim was not to be brought after the expiration of a specified number of years from the date on which the cause of action accrued, so in the case of arbitrations, the claim was not to be put forward after the expiration of the specified number of years from the date when the claim accrued. The period of limitation for making claims by BBMP by way of a suit or arbitration was six years from the date when the cause of action arose.

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