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Archive: January, 2021

Posts in January, 2021

Supreme Court directed for installation of CCTV Systems at investigation agencies offices & police stations

January 4, 2021 4869 Views 0 comment Print

The Hon’ble Supreme Court in the case of Paramvir Singh Saini vs. Baljit Singh & Others [Special Leave Petition (Criminal) No. 3543 of 2020 dated December 2, 2020] directed installation of CCTV- Camera at investigation agencies offices and police stations. Facts: The Hon’ble SC vide Order dated April 3, 2018 in the case of Shafhi […]

ITC under GST of ex-Director cannot be blocked to recover VAT Dues of Company

January 4, 2021 1788 Views 0 comment Print

Nipun A Bhagat Vs State of Gujarat (Gujarat High Court) Whether Rule 86A of the CGST Rules, 2017 can be exercise for the purpose of blocking the input tax credit available in the credit ledger account of the writ applicant for the purpose of recovering the dues of Dolphin Metals (India) Limited. At the outset, […]

Due date Extension put Taxpayers under Duckworth Lewis Situation

January 4, 2021 27183 Views 0 comment Print

Arjuna, after the pleads of many taxpayers & tax associations, the tax departments extended the due dates for compliances under Income Tax & GST. However, this is the third time that the Income-tax department has extended the due date for Income tax returns & audits. Plus it is the shortest extension provided in history over time.

Advisory for RoDTEP (Remission of Duties and Taxes on Exported Products) Incentive Scheme

January 4, 2021 8931 Views 1 comment Print

A new scheme, RoDTEP (Remission of Duties and Taxes on Exported Products) has been launched by the government for exporters. The scheme provides for rebate of Central, State and Local duties/taxes/ levies which are not refunded under any other duty remission schemes. The broad provisions are as under: I. To avail the scheme exporter shall […]

Reopening to seek Investigation of facts is not permissible

January 4, 2021 1002 Views 0 comment Print

Sujay Pankajbhai Shah Vs ACIT (ITAT Ahmadabad) A bare glance of the reasons recorded gives an unflinching impression that powers exercised under section 147 of the Act was to enable the AO to carry out detailed verification of the various aspects of such matter in reference made to the AO herein by the office of […]

RoDTEP the New incentive scheme for Exporters

January 4, 2021 26589 Views 2 comments Print

Chartered Accountant with more than 15 years of practice. Specialized in the field  of Indirect taxation and Foreign Trade Policy. GST consultant for various companies. Assisted many Exporters in documentation and in obtaining the Export Incentive from the DGFT. RODTEP SCHEME A new scheme RoDTEP has been introduced from 1.1.2021 instead of MEIS scheme which […]

Registration has to be granted if no evidence to show activities of Trust are not being carried out genuinely: ITAT

January 4, 2021 822 Views 0 comment Print

The CIT(E) seems to have taken recourse to the provisions of section 12AA(4) of the Act which was inserted by the Finance Act of 2014 w.e.f. 01.10.2014. We find that those provisions are applicable only when the CIT(E) seeks to cancel the registration already granted to a trust. Those provisions cannot be made applicable for grant of registration u/s. 12AA of the Act.

Tax on Income from renting of terrace for erection of mobile antenna tower

January 4, 2021 27231 Views 0 comment Print

Maker Tower Premises Co. Op. Society Ltd. Vs ACIT (ITAT Mumbai) Rent is for space to host the antennas and not for the antennas. As long as the rent is for the space, terrace and roof space in this case and which space is certainly a part of the building, the rent can only be […]

Retention of records relating to Corporate Insolvency Resolution Process

January 4, 2021 723 Views 0 comment Print

An IP shall preserve copies of records generated in electronic form for a minimum period of eight years, from the date of completion of the CIRP or the conclusion of any proceeding relating to CIRP, before the Adjudicating Authority (AA), Appellate Authority or Court, or any matter pending with the Board, whichever is later.

Cyber fraud complaints from Indian Exporters – Trade Advisory

January 4, 2021 1281 Views 0 comment Print

Ministry of External Affairs has informed that email spoofing/phishing cyber frauds are causing increased bilateral trade disputes. Though this is registered as a cybercrime in the respective jurisdictions of the country, the authorities cannot do much to reverse the transaction.

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