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Archive: 26 March 2021

Posts in 26 March 2021

Draft Calcium Carbide (Amendment) Rules, 2021

March 26, 2021 720 Views 0 comment Print

1. (1) These rules may be called the Calcium Carbide (Amendment) Rules, 2021. (2) These shall come into force on the date of their final publication in the Official Gazette. 2. In the said rules, in Rule 31, sub-rule (1) the words maximum of three years shall be substituted with “maximum of ten years”.

No tax to be deducted on License Fee paid to Foreign Entities

March 26, 2021 5517 Views 0 comment Print

Assessee was not liable to deduct TDS on license fees paid to Israel entity as it had already furnished certificate from a chartered accountant, return of income and computation of income under section 139 and income of assessee was not taxable in India and assessee had already filed the relevant information u/s 201(1) which showed that assessee could not be regarded as ‘assessee in default’.

GST refund issues & calculation of Adjusted Total Turnover clarified

March 26, 2021 2424 Views 0 comment Print

Clarification in respect of refund claim by recipient of Deemed Export Supply, Extension of relaxation for filing refund claim in cases where zero-rated supplies has been wrongly declared in Table 3.1(a) and manner of calculation of Adjusted Total Turnover under sub-rule (4) of Rule 89 of KGST Rules, 2017.

Applicability of Dynamic Quick Response Code on B2C invoices

March 26, 2021 1068 Views 0 comment Print

Various references have been received from trade and industry seeking clarification on applicability of Dynamic Quick Response (QR) Code on B2C (Registered person to Customer) invoices and compliance of Notification (08/2020) No. FD 03CSL 2020 (e) dated 27th March, 2020 as amended.

Reopening after expiry of four years invalid if there was no failure on the part of assessee

March 26, 2021 2496 Views 0 comment Print

Garg Zevar Palace Pvt. Ltd Vs ITO (ITAT Delhi) Section 147 mandates that the case can only be reopened after expiry of four years only if there was a failure on the part of the assessee to fully and truly disclose all material facts necessary. The assessee has disclosed the fact of receipt of Rs.60,00,000/- […]

AO cannot disregard findings of fact unilaterally merely for his disagreement

March 26, 2021 1089 Views 1 comment Print

Gemson Melt Pvt. Ltd. Vs Union of India (Gauhati High Court) In the absence of any clear finding by the Assistant Commissioner, Central Excise to support its disagreement with the finding of fact by the Commissioner of Appeals, mere disagreement with the order of the Higher Authority, namely, Commissioner (Appeals) will be opposed to the […]

SC explains how NCLT ought to proceed when Section 8, Arbitration Act application is filed

March 26, 2021 6720 Views 0 comment Print

Indus Biotech Private Limited Vs Kotak India Venture (Offshore) Fund (Earlier Known As Kotak India Venture Limited) & Ors. (Supreme Court) It is clarified that in any proceeding which is pending before the Adjudicating Authority under Section 7 of IB Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard […]

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