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Archive: February, 2021

Posts in February, 2021

No Depreciation on Goodwill- Finance Bill 2021

February 4, 2021 26577 Views 1 comment Print

A brief analysis of the provisions and how it may impact: Depreciation on Goodwill has been one long debatable issue. Even after Supreme Court Judgment in the case of Smiff Securities Limited wherein the Supreme Court of India held that goodwill of a business is a depreciable asset, taxman have been issuing notices to companies […]

Budget Proposals Relating to Charitable Trusts

February 4, 2021 8514 Views 2 comments Print

Finance Act, 2021 proposes to amend provisions of Section 10(23C) and 11 of the Income Tax Act, 1961 to resolve few anomalies and plug loopholes in the provisions regulating charitable institutions’ taxation.

Who gets what?- Key Highlights of Union Budget 2021-22

February 4, 2021 1791 Views 0 comment Print

Amid the path for recovery from the most traumatic COVID 19 pandemic  and lockdown is being carved, the Union minister for Finance and corporate affairs, Nirmala Sitharaman presented Union Budget 2021 on 1st February, 2021. Let’s have a look at the Key highlights or Key takeaways of the Union Budget 2021-22. The Key Highlights of Union […]

Section 54 Exemption: ITAT remit file to AO for fresh consideration

February 4, 2021 1125 Views 0 comment Print

Shri Lakshmi Narayana Prasad Vs ITO (ITAT Bangalore) In this case, the claim of assessee u/s. 54 was denied on the reason that assessee has not filed any supporting evidence to show the sale consideration was reinvested in new residential property. Before us, the ld. AR pointed out to the copies of bank statements and […]

Budget 2021 rationalises provisions of Equalisation Levy

February 4, 2021 9513 Views 0 comment Print

Under section 165A of Finance Act, 2016, as inserted by section 153 of the Finance Act, 2020, Equalisation Levy is to be levied at the rate of two per cent. of the amount of consideration received or receivable by an e-commerce operator from e-commerce supply or services made or provided or facilitated, by it- (i) […]

Budget 2021- Rationalises provision of slump sale

February 4, 2021 4017 Views 1 comment Print

Section 50B of the Act contains special provision for computation of capital gains in case of slump sale. Sub-section (42C) of section 2 of the Act defines ‘slump sale’ to mean the transfer of one or more undertakings as a result of sale for lump sum consideration without value being assigned to individual assets and […]

Procedure For Incorporating Foreign Subsidiary In India

February 4, 2021 4495 Views 0 comment Print

At present most of the Companies or foreign nationals are very much interested to expand their business in India for exploring Indian market and to promote parent company’s business activities. India would be the right platform for carrying business and explore trade opportunities as Indian Market provides a very sustainable environment for any type of […]

Transfer of capital asset to partner on dissolution or reconstitution

February 4, 2021 7494 Views 2 comments Print

Budget 2021- Rationalisation of provision of transfer of capital asset to partner on dissolution or reconstitution The existing provisions of section 45 of the Act inter alia, provides that any profits or gains arising from the transfer of a capital asset shall be chargeable to income-tax under the head Capital gains and shall be deemed […]

HC grants Bail to person in alleged Rs. 9 Cr GST Evasion case

February 4, 2021 1407 Views 0 comment Print

It is submitted that it is a case of total evasion of GST and disposing the manufactured goods without showing any record about its manufacturing activity and clandestine purchase of such products without paying of any GST has resulted in evasion to the tune of Rs. 9 Crores and odd. It is submitted that before the Sessions Court, the applicant had made offer to deposit an amount of 10% of the tax evaded and therefore, the applicant must be directed to comply with such commitment given to the trial Court.

Budget eliminate possibility of double deduction to Charitable Trust & Institutions

February 4, 2021 2178 Views 0 comment Print

Budget 2021 – Rationalisation of the provision of Charitable Trust and Institutions to eliminate possibility of double deduction while calculating application or accumulation Exemption to funds, institutions, trusts etc. carrying out religious or charitable activities is provided under clause (23C) of section 10 of the Act and sections 11 and 12 of the Act. Section […]

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