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Archive: 02 March 2021

Posts in 02 March 2021

Memory Loss is not valid explanation for not explaining Cash Deposit Source

March 2, 2021 2523 Views 0 comment Print

Smt. Anasuya Basi Reddy Vs ITO (ITAT Bangalore) The Assessing Officer in the impugned assessment order had made addition of Rs.50,000 as unexplained cash credits in the bank account of the assessee. The said amount has been deposited in Karnataka Bank saving bank account on 07.04.2007 (cash deposit). Before the Assessing Officer, the assessee had […]

Collection of revenue is primary objective of GST law & arrest is only incidental to achieve this objective

March 2, 2021 1122 Views 0 comment Print

In a recent order dated 15.02.2021, Hon’ble Bombay High Court, in the case of Daulat Samirmal Mehta v. Union of India, W.P. No. 471 of 2021 has passed an important order on power to make arrest under Section 69 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017). As per the facts […]

Basic understanding on GST implications in Joint Development Project with Excel Template

March 2, 2021 3663 Views 3 comments Print

From 01.04.2019 the effective rate of GST applicable on construction of residential apartments by promoters in a real estate project are Sl No. Description Effective Rate of GST ( After deduction of Value of Land ) 1 Affordable Residential apartments 1% on total consideration (Without ITC ) 2 Other than Affordable Residential apartments 5% on total Consideration (without ITC […]

Insurance Ombudsman (Amendment) Rules, 2021

March 2, 2021 8010 Views 0 comment Print

1. (1) These rules may be called the Insurance Ombudsman (Amendment) Rules, 2021. (2) They shall come into force from the date of their publication in the Official Gazette.

No Section 68 addition merely for Common Address & Directors

March 2, 2021 1923 Views 0 comment Print

The A.O. entirely on different reasons that there is a common Director in 03 companies and common address disbelieved the explanation of assessee. It may not be relevant criteria to decide the issue under section 68 of the I.T. Act, 1961.

CCI (Meeting for Transaction of Business) Amendment Regulations, 2021

March 2, 2021 1413 Views 0 comment Print

1. (1) These regulations may be called the Competition Commission of India (Meeting for Transaction of Business) Amendment Regulations, 2021. (2) They shall come into force on the date of their publication in the Official Gazette.

No TDS on refundable Security Deposits given to Landowners

March 2, 2021 12993 Views 0 comment Print

Prestige Estates Projects Ltd Vs ACIT (ITAT Banglore)  Now the issue before us is with regard to whether the amount paid by the assessee towards interest free security deposit to various land owners whether it constitutes as “Consideration” in terms of Transfer of Immovable Property. In the present case, as per JDA cum General Power […]

No Section 194IA TDS on payment not related to transfer of immovable property

March 2, 2021 2547 Views 0 comment Print

Prestige Estates Projects Ltd. Vs ACIT (ITAT Bangalore) In our opinion, even if it is advance payment, it is not linked to the transfer of immovable property as enumerated in Section 194-IA of the Act, since the condition laid down in Section 2(47)(v) of the Act was not complied with within the meaning of Section […]

Registration of a person on “Independent Director’s Data bank”

March 2, 2021 10614 Views 1 comment Print

The Ministry of Corporate Affairs (MCA) vide notification dated 22.10.2019 notifies Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2019 (Amended Rules) to amend Companies (Appointment of Qualification of Directors) Rules, 2014 (Rules). The Amended Rules substituted Rule 6 of the Rules for addition of a new concept i.e. Registration on Independent Director’s Data […]

HC directs Amazon Prime to withdraw Telugu Movie ‘V’ on Actor Sakshi Malik’s Plea

March 2, 2021 1041 Views 0 comment Print

At the heart of this dispute is the 1st and 2nd Defendants’ utterly illicit use of a still image of the Plaintiff in their 2020 Telugu film entitled ‘dV’. It was released on 5th September 2020 and has been available on Amazon Prime, operated by Defendant No. 3, since then.

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