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Archive: March, 2021

Posts in March, 2021

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

March 26, 2021 5184 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 2343 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 1029 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 2463 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 1074 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 6678 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 […]

CBDT Defers GST & GAAR reporting till 31.03.2022

March 25, 2021 38529 Views 1 comment Print

The Central Board of Direct Taxes (CBDT) deferred the Tax Audit Clause 30C and 44  till 31st Mar 2022 due to COVID-19. F.No. 370142/9/2018-TPL Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes TPL Division New Delhi **** Circular No. 05/2021, Dated 25th March, 2021 Order under section 119 of […]

Cancellation of Invoice Reference Number (IRN) under GST

March 25, 2021 69819 Views 3 comments Print

Slowly and steadily, the Government is making e-invoicing mandatory for wide numbers of suppliers. Currently, an e-invoice is mandatory for the registered person having an aggregate turnover of more than INR 100 Crores in a Financial Year. However, from 1st April 2021, e-invoice is going to be mandatory for all registered person having an aggregate […]

GST: HC stays summon issued without application of mind

March 25, 2021 2178 Views 0 comment Print

Delhi HC stays proceedings in Ankit Bindal’s case, citing vague summons seeking self-incriminating material. Next hearing on 12/04/2021.

Barbeque-Nation Hospitality Limited –IPO Review

March 25, 2021 5646 Views 0 comment Print

Background of the Company: The Company was originally incorporated as Sanchi Hotels Private Limited on October 13, 2006 at Indore, Madhya Pradesh, India as a private limited company under the Companies Act, 1956. Subsequently, the name of the Company was changed to Barbeque-Nation Hospitality Private Limited and a fresh certificate of incorporation consequent upon change […]

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