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Archive: February, 2021

Posts in February, 2021

SC rules that Reasoned Judgements to be delivered along with Operative Orders

February 15, 2021 5076 Views 0 comment Print

Sudipta Chakrobarty & ANR. Vs Ranaghat S.D. Hospital & ORS. (Supreme Court) It is Common knowledge that some Courts/ Tribunals/ Officers have a practice to pass operative part of the order but give a reasoned/detailed order stating reasons much later sometimes even months later. The Apex Court recently on February 15, 2021 in the case […]

Transfer of Legacy Funds of NPS Subscribers of Govt Sectors

February 15, 2021 1002 Views 0 comment Print

Transfer of Legacy Funds of NPS Subscribers of Government Sectors (SGs/ CABs/ SABs) pursuant to opening of choice of Investment schemes and Pension Funds- reg.

Bad debts allowable once written off in Books; No requirement to show that it become really bad

February 15, 2021 2649 Views 0 comment Print

Vascular Concepts Limited Vs DCIT (ITAT Bangalore) For these assessment years as well, the Revenue has not established that conditions stipulated u/s 36(2) of the I.T.Act was not fulfilled with respect to any of the debts which were written off by the assessee during the previous years. Under these circumstances, we are of the view […]

Section 50C- AO to adopt guideline value on sale date of agreement & not on sale deed date

February 15, 2021 5022 Views 0 comment Print

N.A. Haris Vs Add. CIT  (ITAT Bangalore) In this case, there is no dispute that the agreement to sale the impugned residential flats were entered into financial years 2006-2007 and 2007-2008. There is no dispute for this fact. Now the contention of the assessee is that for determining guideline value by invoking the provisions of […]

ICAI removes name of 7 CAs from Register of Members

February 15, 2021 9789 Views 0 comment Print

On 15th February ICAI notified that it has removed name of 7 members from the Register of Members for the period of 15 days to Two Years depending upon the nature of Professional Misconduct. Full text of such notifications are given below- THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA Notification No. PR/237/15-DD/261/15/DC/767/2018 New Delhi, the […]

Cross empowerment of Central & State authorities under GST

February 15, 2021 54853 Views 1 comment Print

It is stated that the GST Council in its 9th meeting held on 16.01.2017 had discussed and it is clarified that the officers of both Central tax and State tax are authorized to initiate intelligence-based enforcement action on the entire taxpayer’s base irrespective of the administrative assignment of the taxpayer to any authority. However, what […]

Issues faced by SEZ units under GST Regime

February 15, 2021 52621 Views 16 comments Print

Upon reading of the heading, one may feel that what could be issues faced by SEZ unit as they can procure the goods without payment of GST and export their supplies without payment of GST. SEZ units are facing many issues in GST regime due to lack of co-ordination between the associated enactments, GST portal […]

DAPE wholly tax-neutral if remuneration to agent was paid at ALP

February 15, 2021 3273 Views 0 comment Print

Once the existence of dependent agency permanent establishment was wholly tax-neutral, unless it was shown that the agent had not been paid an arm’s length remuneration, and when it was not the case of AO that the agents had not been paid an arm’s length remuneration, the question regarding the existence of dependent agency permanent establishment, i.e., under article 5(4), was a wholly academic question.

No TDS on sales commission paid to non-residents for services rendered outside India

February 15, 2021 60648 Views 1 comment Print

The Hon’ble ITAT, Jaipur in Modern Threads India Limited v. ACIT (Income Tax Appeal Nos. 198/JP/2019 and 199/JP/2019 decided on February 15, 2021) has held that payment of sales commission by the assessee to non-resident agents for the services rendered outside India will not fall in the category of the income received or deemed to […]

Section 43B- Deductions allowable on Payment

February 15, 2021 20274 Views 0 comment Print

As a taxpayer, you might be claiming various expenses and exemptions to lower your income tax liability, but do you know that there are certain deductions that you can’t claim unless you have actually paid for them. In this article will understand those deductions and discuss the income tax provisions laid out under Section 43B […]

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