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Archive: January, 2021

Posts in January, 2021

SC: Challenge Constitutional validity of CGST provisions before HC

January 7, 2021 6300 Views 0 comment Print

Supreme Court of India in Devendra Dwivedi vs Union of India & ors. [Writ Petition(s) (Criminal) No(s). 272/2020, dated January 7, 2021] dismissed writ petition under Article 32 of the Constitution of India, challenging constitutional validity of certain provisions of Central Goods and Services Tax Act, 2017

HC explains jurisdiction to try offences for E-commerce transactions

January 7, 2021 4281 Views 0 comment Print

Kunal Bahl Vs State of Karnataka (Karnataka High Court) In E-commerce transactions the jurisdiction to try offences will lie with a Court where the accused has its Head Office, Branch Office or other offices. 1. The order of Cognisance dated 8.6.2020 is not in compliance with the requirement of Section 191(1)( a) of the Cr.P.C […]

How to Furnish Documents in IFF under QRMP Scheme

January 7, 2021 23466 Views 1 comment Print

Invoice Furnishing Facility (IFF) is a facility provided to quarterly taxpayers to file their details of outward supplies in first two months of the quarter. Article contains FAQs on How to Furnish Documents in Invoice Furnishing Facility (IFF) under QRMP Scheme & Manual on Furnishing Documents in Invoice Furnishing Facility (IFF) under QRMP Scheme. A. […]

Proportionate Section 80IB(10) deduction allowable if Built-up area of some units exceeds1,500 sq.ft.

January 7, 2021 2430 Views 0 comment Print

ACIT Vs Eagleton Property Holdings (ITAT Bangalore) Whether the deduction under section 80IB(10) can be allowed on proportionate basis in respect of residential units having a built up area of 1500 sq.ft. or less. On this aspect, the CIT(A) held that the assessee would be entitled to deduction under section 80IB(10) of the Act on […]

HC deletes penalty equal to tax amount for E-way Bill Expiry & Imposes Rs. 10000 Penalty

January 7, 2021 5022 Views 0 comment Print

M/s. Sri Gopikrishna Infrastructure Pvt.Ltd Vs State of Tripura and Ors (Tripura High Court) Quantum of penalty for transportation the taxable goods without the cover of valid e-way bill Learned counsel has fairly stated that only violation that has been noticed by the taxing authority is of not carrying the valid e-way bill against the […]

CBIC introduces flagship Liberalised Authorised Economic Operator Package for MSMEs

January 7, 2021 738 Views 0 comment Print

CBIC has taken a new initiative to introduce its flagship Liberalised MSME AEO Package for Micro Small and Medium Enterprises (MSMEs).

Court refuses Bail to person accused of claiming bogus ITC of Rs.5.98 Cr

January 7, 2021 3042 Views 0 comment Print

CGST East Delhi Vs Sachin Mittal (Patiala House Court) The fact of the matter is that accused has himself disclosed that all relevant documents/material pertaining to the alleged transactions is lying with his CA Nitin Jain who is still absconding/. The investigation in the present matter is still continuing and is at a crucial juncture […]

Advance by real-estate developer to property owner for a re-development project qualifies as operational debt under IBC 2016

January 7, 2021 2655 Views 0 comment Print

Sunteck Realty Limited Vs Goodwill Theatres Private Limited (NCLT Mumbai) This Petition is filed under Section 9 of I&B Code, 2016 by Sunteck Realty Limited against Goodwill Theatres Private Limited for initiating corporate insolvency resolution process is admitted. NCLT held that the advance paid by a real-estate developer to a property owner for a re-development […]

Education & secondary higher education cess not disallowable

January 7, 2021 2244 Views 0 comment Print

Honeywell Technology Solutions Lab Pvt. Ltd. Vs DCIT (ITAT Bangalore) We respectfully following the aforesaid judgment of the Honable High Court of Bombay in the case of Sesa Gold Limited (supra), therein conclude that ‘Education Cess’ and the Secondary and Higher Education Cess is not disallowable as a deduction u/s 40(a)(ii) of the Act. FULL […]

Receipt in foreign exchange

January 7, 2021 18966 Views 3 comments Print

If authorized dealer receives any foreign payment by way of either remittance or by reimbursement or any other payment shall be in the manner as stated below: Member of Asian Clearing Union (ACU): In case of Bangladesh, Myanmar, Pakistan, Sri-Lanka and Maldives: Payment should be made by credit to ACU Dollar account and ACU Euro […]

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