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Archive: February, 2021

Posts in February, 2021

Strict Compliance to Limitation while filing Appeals/Petitions before Courts/ Tribunal

February 5, 2021 2190 Views 0 comment Print

Field formations have been directed to strictly adhere to the aspect of limitation in filing appeals/ petitions before Courts/ Tribunal. CBEC Instruction vide F.No.1080/DLA/50/Tech/Monitoring/SLPs-Appeals/16 dated 01.06.2017 provides timelines for filing SLP and Civil Appeals.

New issue cannot be raised by Department while filing Cross Objection

February 5, 2021 1437 Views 0 comment Print

By way of present ground of CO, the Revenue intends to rake up altogether a new situation. The ld.AO did not take any action for recasting of the balance sheet by observing that expenditure debited in the work-in-progress has not been claimed in the profit & loss account.

SEBI Master Circular for Depositories updated till 31.10.2020

February 5, 2021 1419 Views 0 comment Print

This Master Circular is a compilation of the relevant circulars/communications pertaining to Depositories issued by SEBI up to October 31, 2020 and shall come into force from the date of its issue. References in the Master Circular to the Statutes/Regulations which now stand repealed, have been suitably updated.

HC notice to GST Authorities for allegedly pressurising to transfer Rs.9 Cr to department account

February 5, 2021 1224 Views 0 comment Print

Assesssee alleged to have coerced and pressurized the writ applicant to transfer an amount of almost Rs. 9 Crore to the account of the department is shocking.

KVAT: Form VAT 240 cannot be treated as return for claiming ITC

February 5, 2021 6648 Views 0 comment Print

By no stretch of imagination Form VAT 240 can be treated as a returns for the purposes of claiming input tax credit, especially in the light of the fact that filing of returns to compute the net tax liability has to take place keeping in view Section 10(3) and 10(4) of the KVAT Act.

Income from Sale of Software is Business Income & not the Royalty income

February 5, 2021 3285 Views 0 comment Print

Nortonlifelock Inc. Vs ACIT (ITAT Pune) ITAT held that income earned by the assessee from sale of software, either directly to the customers in India or through distributors or resellers constitutes its business income and not the Royalty income and as such business income is not taxable in India as the assessee did not have […]

Board Meeting Attendance Register not Authenticated by Chairman or CS: MCA Imposes Penalty

February 5, 2021 22713 Views 0 comment Print

Learn about the penalty imposed by MCA on a company for not authenticating board meeting attendance registers. Detailed analysis of the case and implications.

Capital Gain from shares cannot be treated as Business Income merely for low cost of acquisition

February 5, 2021 3090 Views 0 comment Print

JCIT Vs United Spirits Limited (ITAT Bangalore) It is not in dispute that the shares of M/s. Lee Edges were purchased by the assessee in the Financial Year 2003-04 and those of M/s. Shaw Wallace Breveries Ltd., were purchased in the Financial Year 2001-02 were unlisted shares. These shares were sold in Financial Year 2004-05. […]

Extension of ad-hoc appointment to the grade of ACIT

February 5, 2021 3315 Views 0 comment Print

Office Order No. 30 of 2021 Post facto approval of the Competent Authority is hereby conveyed for extension of term of ad-hoc appointment of the following officers to the grade of Assistant Commissioner of Income Tax from 12.11.2020 to 11.11.2021 or until further orders:-

Publication of intended acquisition in lesser known newspapers may amount to fraud

February 5, 2021 915 Views 0 comment Print

H. Bhima Ram Vs Principal Secretary (Madras High Court) To opt for publication of an intended acquisition in little known newspapers may amount to a fraud on the statute, and a fraud on the right to property of the citizens. Of all the four citations herein  quoted, the earliest judgment delivered was on 30.06.2000 [ […]

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