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Archive: 26 March 2021

Posts in 26 March 2021

GSTR 3B Late filing – Levying interest on Gross Tax Liability

March 26, 2021 2973 Views 0 comment Print

Section 16(2)(d), CGST Act, 2017 lays down the following condition for availment of ITC; Filing of Return u/s 39 The other four conditions for availment of ITC have been laid down under  Section 16(2)(a) to (c) and 16(2)(aa), CGST Act, 2017. The section 16(2) starts with notwithstanding clause, meaning thereby that it supersedes sub-section 4 of section 16, based on the following cases […]

Discount deductible from Taxable Turnover under J&K Sales Tax

March 26, 2021 618 Views 0 comment Print

MRF Limited Vs Dy. Commissioner Commercial Taxes and anr. (Jammu and Kashmir High Court) In the cases at hand, the documents on record reveal that every voucher provides for 1% turnover discount, meaning thereby that the discount has been actually allowed as per the agreement/understanding of the parties. The said discount stand deducted as a […]

Analysis of Amendment to Schedule III to Companies Act, 2013

March 26, 2021 26718 Views 2 comments Print

The Ministry of Corporate Affairs, Government of India, issued notifications dated 24th March, 2021 to amend Schedule III to the Companies Act, 2013 (hereinafter referred to as ‘the Act’); Companies (Accounts) Rules, 2014 and Companies (Audit and Auditors) Rule, 2014 to enhance the disclosures required to be made by the Company in its Financial Statements, […]

Penalty cannot be imposed in every case merely because it is lawful to do so

March 26, 2021 2589 Views 0 comment Print

Aagam Shares & Commodities Pvt. Ltd. vs DCIT (ITAT Ahmedabad) It is also well settled that penalty under s. 271(1)(c) of the Act will not be imposed in every case merely because it is lawful to do so. The penalty will not ordinarily to be imposed unless the party obliged, either acted deliberately in defiance […]

Taxability of Interest on P.F. Contribution

March 26, 2021 26607 Views 3 comments Print

The Lok Sabha has passed the Finance Bill, 2021 on March 23, 2021, with finance minister Nirmala Sitharaman introducing 127 amendments with a view to boost ease of doing business and easing compliance burden. Among the major changes is a tweak in the proposal to tax income on P.F. contribution above Rs. 2.50 lakhs in […]

Section 148- Instructions on handling of Non-PAN cases flagged by DRI

March 26, 2021 15735 Views 0 comment Print

These non-PAN cases have been pushed by Systems to respective Pr. CCIT/Pr. CIT based on address. Considering the time involved in allotting PAN in such non-PAN cases and other technical issues involved in generating notices through the system, the following instructions are being issued for handling of such non-PAN cases:

Result of CA Intermediate & Foundation Exam declared

March 26, 2021 13812 Views 0 comment Print

Results of the Chartered Accountants Intermediate Examination (Old course & New Course) held in January 2021 declared Examination Department The Institute of Chartered Accountants of India 26th March, 2021 Results of the Chartered Accountants Intermediate Examination (Old course & New Course) held in January 2021 declared. icaiexam.icai.org caresults.icai.org icai.nic.in ************ Results of The Chartered Accountants […]

HC issued notice in writ challenging Rule 36(4) of CGST Rules restricting ITC availment

March 26, 2021 8910 Views 1 comment Print

The Hon’ble Gujarat High Court, in M/s Surat Mercantile Association v. Union of India [R/Special Civil Application No. 13289 of 2020 with Civil Application No. 1 of 2020 in R/Special Civil Application No. 13289 of 2020, decided on December 18, 2020] issued notice to the revenue department with respect to the writ challenging constitutional validity […]

CGST Delhi officials arrest man for ITC fraud of around Rs 94 crore

March 26, 2021 609 Views 0 comment Print

The officers of CGST Delhi North Commissionerate upon data analysis and gathering of intelligence zeroed in on Shri Krishan Kumar who was involved in creating and operating fake firms using identification documents of his friends/employees.

Procedure for Incorporation of Section 8 Company

March 26, 2021 190059 Views 18 comments Print

Indian Trusts have no central law; Indian Societies have different legal and institutional frameworks from state to state while Section 8 companies have one uniform law across the country – Companies Act, 2013. It is this robust Act that regulates the formation, management and accountability of a Section 8 Company, thus making it more closely regulated and monitored than trusts and societies, and recognized all over the world.

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