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Archive: February, 2021

Posts in February, 2021

HC refuses bail in case of alleged Fake ITC exceeding Rs. 5 Crore

February 8, 2021 2430 Views 0 comment Print

Where Input Tax Credit (ITC) had been wrongly availed exceeds Rs.5 crores it would amount to a cognizable and non-bailable offense and the offence was punishable with imprisonment for a term, which could extend to five years and with fine under section 132 (1) (i) of the CGST Act.

Income from licensing fully furnished hotel with license to run hotel is business receipt

February 8, 2021 1572 Views 0 comment Print

Dodla International Ltd. Vs ACIT (ITAT Chennai) ITAT held that  license fee received by the assessee for licensing a fully furnished hotel along with license to run the hotel is a business receipt, which is assessable under the head ‘income from business or profession’ but not a rental income, which is assessable under the head […]

Analysis of Companies (Incorporation) Second Amendment Rules, 2021

February 8, 2021 5250 Views 2 comments Print

Amendments in Companies (Incorporation) Rules, 2014 vide Companies (Incorporation) Second Amendment Rules, 2021 Following Rules of Companies(Incorporation) Rules, 2014 has been amended- Rule 3, 6, 7 and Annexure Summary of amendments made (a) Reducing the no. of days to check residence criteria of directors. (b) Omitting limit of Turnover and paid up share capital for […]

An Overview of Companies (CSR Policy) Amendment Rules 2021

February 8, 2021 84183 Views 3 comments Print

1. The Ministry of Company Affairs ‘ MCA’ vide Companies (CSR Policy) Amendment Rules 2021 shifted CSR spending mandatory from the voluntary. In this article, an attempt has been made to cover all the amendments read with statutory provisions under section 135 of Companies Act, 2013. 2. EFFECTIVE DATE – [Rule 1(2)]: The Amendment Rules […]

Recent Changes In Goods and Service Tax

February 8, 2021 4284 Views 0 comment Print

CHANGE IN PROVISION OF GOODS AND SERVICE TAX 1. A new clause proposed to inserted for availment of Input tax Credit (ITC). The input tax credit on invoice or debit note can be availed only if supplier furnish in statement of outward supplies i.e. GSTR 1. 2. Mandatory requirement of getting annual accounts audited and […]

Bank Branch Auditors’ Panel of Chartered Accountants/firms

February 8, 2021 14737 Views 0 comment Print

Final Bank Branch Auditors’ Panel of Chartered Accountants/firms for the year 2020-21 Members are hereby informed that Final Bank Branch Auditors’ Panel of Chartered Accountants / firms for the year 2020-21 has been hosted at https://app.meficai.org/panel till 8th February, 2021 thereafter the same will be sent to RBI.  The Panel contains the following: 1. MEF No. 2. FRN No./MRN No. 3. Concern Name 4. Unique Code […]

Expense cannot be disallowed for internal financial arrangements to fund expenditure

February 8, 2021 1518 Views 0 comment Print

Power Company of Karnataka Ltd. Vs ACIT (ITAT Mumbai) Conclusion: Since there were internal financial arrangements made by assessee with ESCOMs to fund the expenditure, therefore, this could not disentitle assessee to claim expenditure in accordance with the Act and the income of assessee had to be computed under the provisions of the Act without […]

Section 153C | CIT (Appeals) must examine issue of recording of satisfaction 

February 8, 2021 702 Views 0 comment Print

R.N. Shetty Trust Vs ACIT (ITAT Bangalore) As per Section 153C of the Act, the Assessing Officer of searched person shall proceed against such other person on reaching satisfaction that any undisclosed income belonging to such other person over whom he has no jurisdiction then he has to transmit the seized material to the Assessing […]

Analysis of recent amendment in CSR Rules & Provisions

February 7, 2021 18966 Views 4 comments Print

1. Brief Background a) The Company law in India mandates certain category of companies to carry out Corporate Social Responsibility (CSR) activities mandatorily. Section 135 of the Companies Act, 2013 enlists the companies which are mandatorily required to comply with the CSR requirements, which are: i. Net worth of Rs. 500 crore or more, ii. […]

Section 11(2) not mandate a limitation for filing notice of accumulation in Form No. 10

February 7, 2021 1221 Views 0 comment Print

Infrastructure Development Fund Vs DCIT (ITAT Chandigarh) The Tribunal adjudicating on the identical issue, has held that if form No. 10 is filed during the continuation of the assessment proceedings that should have been taken into consideration by the Assessing Officer. That non filing of the Form No. 10 within stipulated period may be an […]

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