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Archive: 12 March 2021

Posts in 12 March 2021

Section 54F deduction eligible on house property purchased in wife name

March 12, 2021 3141 Views 0 comment Print

We also hold that the assessee is eligible for deduction U/s 54F of the Act in respect of residential house property purchased in the name of his wife.

HC directs GST department to enable amendment to GSTR-1 by Appellant

March 12, 2021 5118 Views 0 comment Print

Pentacle Plant Machineries Pvt. Ltd. Vs Office of GST Council And Ors.  (Madras High Court) The petitioner seeks a mandamus directing the respondents to rectify the mistake in its GSTR-1 return, wherein it has, instead of the GST number of the purchaser in Andhra Pradesh, mentioned the GST number of the purchaser in Uttar Pradesh. […]

Interest on loans against FD not allowable against interest from FDR’s

March 12, 2021 4383 Views 0 comment Print

Chandrakant R. Agrawal  Vs PCIT (ITAT Mumbai) At the first blush the claim of the assessee for setting off the interest paid on the loan raised (on security of the FDR’s) against the interest received on FDR’s appeared to be very convincing.  However, we find that the issue is no more res integra and had […]

ITAT restricts addition for advance received by builder from customers to 5%

March 12, 2021 3675 Views 0 comment Print

Srabani Constructions Pvt Ltd. Vs ACIT (ITAT Cuttack) In the present case, the AO has made addition of Rs.1,68,54,180/ @ 15% by considering whole amount of advance from customers i.e. closing balance as on 31.3.14 of Rs.11,23,61,227/-, which also includes opening balance from customers brought forward from earlier year as opening balance as on 1.4.2013 […]

SEZ vs EOU vs DTA

March 12, 2021 59361 Views 4 comments Print

This article seeks to highlight certain key differences between the Special Economic Zone (SEZ) units, Export Oriented Units (EOU) and Domestic Tariff Area (DTA) units[1] in terms of their various benefits and compliances from an indirect tax point of view. Subject SEZ Unit EOU Unit DTA Unit Area of operations / Setting Up Can be […]

Reporting of Foreign Assets & Income in Income Tax Return

March 12, 2021 318138 Views 100 comments Print

Reporting of Foreign Assets and Income in Income Tax Return 1. In order to report foreign assets and income from a source outside India in Income tax return, firstly you have to determine the residential status of the assessee which is mentioned below in the table along with who is required to report : S […]

Tax on income out of excess employer contribution to specified funds – Computation methodology prescribed

March 12, 2021 46128 Views 3 comments Print

Tax on income out of excess employer contribution to specified funds – Computation methodology prescribed The Finance Act 2020 introduced a new provision under the Income-tax Act, 1961 (the Act) by virtue of which employer contribution exceeding Rs. 7.5 lakhs p.a. (i.e. excess contribution) in aggregate to the following funds is now taxable in the […]

SVLDRS application cannot be rejected merely for initiation of enquiry after 30.06.2019

March 12, 2021 1209 Views 0 comment Print

New India Civil Erectors Private Limited Vs Union of India (Bombay High Court) A careful reading of the query and the answer given thereto would make it clear that if an enquiry or investigation or audit was initiated on or before 30.06.2019 then such a person would not be eligible to make a declaration under […]

No service Tax on Supply of River Sand merely for loading/Unloading of the same by Appellant

March 12, 2021 2718 Views 0 comment Print

Shree Mohangarh Construction Co. Vs Commissioner of Central Excise & Service Tax (CESTAT New Delhi) The first contract is supply of river sand; it is not for loading or unloading any cargo. Needless to say that if somebody has to supply river sand it has to loaded into the truck and unloaded it at the […]

Big Relief: No GST on food facility (Canteen Services) provided by a business

March 12, 2021 9168 Views 1 comment Print

Companies registered under the Factories Act, 1948, generally provides canteen facility to its employees. Section 46 provides that any factory employing more than specified numbers i.e. more than 250 workers required to provide canteen facility either by self canteen or by third party contract to its employees, since this is mandatory. It has been noticed […]

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