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Archive: 04 February 2021

Posts in 04 February 2021

Updates of MCA, SEBI, RBI & IBBI for the month of January 2021

February 4, 2021 2055 Views 0 comment Print

Article contains updated with respect to Notifications, Circulars, Rules, Regulations issued in the Month of January 2021 by Ministry of Corporate Affairs (MCA), Securities Exchange Board of India, Updates of the Reserve Bank of India (RBI), Insolvency and Bankruptcy Board of India (IBBI) and also includes Recent Corporate News. Article attempts to analyses Notifications, Circulars, […]

One Person Company – Incorporation, Nomination & Conversion

February 4, 2021 10197 Views 0 comment Print

Introduction Traditionally, minimum 2 members were required to register a Company in India and due to this many small businesses in India were functioning as sole proprietor only. There are various disadvantages of running a sole proprietor business major being unlimited liability. In India, introduction of OPC was given in the Dr J.J Irani Committee […]

Higher Rates of TDS/TCS For ITR Non-Filers

February 4, 2021 47079 Views 7 comments Print

Last year the Budget 2020 came with an additional compliance on part of the sellers to collect TCS u/s 206C(1H) as was announced by the Hon. Finance Minister . Now with the rolling out of this Budget, the impetus has been shifted upon the buyer. However, with the introduction of this New Section194Q, following questions […]

Indirect Tax Budget Changes 2021

February 4, 2021 9615 Views 0 comment Print

On 01.02.2021, the Hon’ble Finance Minister Smt. Nirmala Sitharaman presented Finance Bill, 2021 and accordingly some changes have been proposed in Indirect Tax Law. All the changes in rate of tax shall take effect from the midnight of 1st of February 2021, unless otherwise stated. Whereas, all the   amendments in the finance Bill 2021 will […]

100% restriction to avail ‘ITC’, if no GSTR-1 is filed by supplier

February 4, 2021 38178 Views 1 comment Print

It is submitted that a new clause (aa) to sub-section (2) of section 16 of The Central Goods and Services Tax, Act, 2017 (CGST Act, 2017) is being inserted in Finance Bill, 2021. Please note that these proposals will come into effect from a date to be notified later. It is stated that Sections 2 […]

Full Unconditional Stay of Demand Granted Where Addition on Third Party Statement was Without Cross Examination

February 4, 2021 3063 Views 0 comment Print

Dilipkumar P. Chheda Vs ITO (Bombay High Court) In so far the present case is concerned, here also the additions have been made primarily on the basis of the statement made by Shri. Nilesh Bharani and also on the basis of certain entries in the telephone diary. However, we find from the materials on record […]

Section 10(5) read with rule 2B not indicate any requirement of taking shortest route

February 4, 2021 35889 Views 0 comment Print

State Bank of India Vs ACIT (ITAT Mumbai) A plain reading of the section 10(5) read with rule 2B does not indicate any requirement of taking the shortest route for travelling to “any place in India” or putting any kind of restrictions the route to be adopted for going to such a destination. Quite to […]

Penal provisions of CGST Act prevails over Cr.PC for GST frauds

February 4, 2021 9405 Views 1 comment Print

The Hon’ble Bombay High Court in Tejas Pravin Dugad v. Union of India [Order No. Criminal Writ Petition No.1715 to 1718 of 2020, decided on January 15, 2021] dismissed the writ petition filed by Directors of M/s. Ganraj Ispat Private Limited (“Company”), challenging proceedings initiated by Department alleging fraudulent availment of input tax credit (“ITC”) […]

Reduction of time limit for completing Income Tax assessment

February 4, 2021 18441 Views 0 comment Print

Budget 2021- Section 153 of the Act contains provisions in respect of time-limit for completion of assessment, reassessment and re-computation under the Act. The sub-section (1) of the said section provides that the time-limit for passing an assessment order under section 143 or 144 of the Act shall be 21 months from the end of […]

Discontinuance of Income-tax Settlement Commission

February 4, 2021 7329 Views 0 comment Print

Budget 2021- It is proposed to discontinue Income-tax Settlement Commission (ITSC) and to constitute Interim Board of settlement for pending cases. The various amendments proposed are as under: ITSC shall cease to operate on or after 1st February, 2021 No application under section 245C of the Act for settlement of cases shall be made on […]

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