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Archive: March, 2021

Posts in March, 2021

VAT Assessment order cannon be passed on mere Presumptions

March 25, 2021 1554 Views 0 comment Print

The Assessing Officer rejected the reply filed by the appellant by holding that there was no opening and closing stock of goods and all the goods were purchased as sold out during the assessment year. Further, the Trading, Profit and Loss Account disclosed gross loss and had the dealer sold all the goods purchased with a marginal increase in sale price over the purchase price, then the Trading Account would reflect a different picture with a gross profit.

Section 41(1) not applicable to Advance for bookings not claimed as allowance or deduction

March 25, 2021 3306 Views 0 comment Print

ACIT Vs Sunderdeep Construction Pvt. Ltd (ITAT Indore) On perusal of the finding of Ld. CIT(A) as well as the facts narrated before us along with the documentary evidences it is predominantly clear that the alleged amount of bogus creditors are not in the form of sundry creditors. These amounts are advances against booking of […]

Enhancement of 4 Issuer services on NSDL issuer portal

March 25, 2021 2562 Views 0 comment Print

All issuers / RTAs are hereby informed that as a part of our continuous endeavor to service the Issuers/RTAs, NSDL has enhanced its issuer portal. In respect of issuance of Commercial Paper, Issuers / RTAs are facilitated to make online application for allotment of ISIN and for execution of corporate action through issuer portal.

Lottery is Gambling & requiring no skill and cannot attain the status of Trade

March 25, 2021 945 Views 0 comment Print

Big Star G Services LLP Vs State Of Arunachal Pradesh (Gauhati High Court) Lottery includes gambling as an element of chance which requires no skill and as held by the Apex court it would not attain the status of trade like other trades or become res commercium. Accordingly, the petitioner has no right to invoke […]

Agricultural Income: Justification & Objections

March 25, 2021 20469 Views 1 comment Print

In this article, the author has sought to produce the meaning and the scheme of taxation of Agricultural income in India. The attempt has also been made to examine the justifications i.e., political and administrative of such an exemption even after 75 years of independence of the nation.

e- filing of CoO(NP) for India’s Exports w.e.f. 15th April 2021

March 25, 2021 1452 Views 0 comment Print

Applications for Non-Preferential Certificate of Origin may also be submitted through e-CoO platform w.e.f. 15th April 2021. However, there shall be a transition period for CoO(NP) issuing agencies to on-board this common digital platform.

Transfer /transmission of shareholding in case of intermediary

March 25, 2021 579 Views 0 comment Print

Transfer of shareholding among immediate relative shall not result into change in control. Immediate relative shall be construed as defined under Regulation 2(l) of SEBI SAST Regulations and includes any spouse of that person, or any parent, brother, sister or child of the person or of the spouse;

SEBI direction on Combating Financing of Terrorism

March 25, 2021 510 Views 0 comment Print

The Government of India (GOI) had issued an Order dated August 27, 2009 detailing the procedure for implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967 (UAPA), relating to the purpose of prevention of, and for coping with terrorist activities.

Officer who did assessment can only do re-assessment: Madras HC considered Canon Judgment

March 25, 2021 2346 Views 0 comment Print

Quantum Coal Energy (P) Ltd. Vs Commissioner, Office of the Commissioner of Customs (Madras High Court) 1. Canon effect – SCNs being quashed since an officer who did assessment can only do re-assessment. 2. SCN quashed on the basis of Honorable SC Canon Ruling by Madras High Court in WP 10186 of 2014 vide order […]

Non refundable amount received in the course of Business can be treated as Income

March 25, 2021 4032 Views 0 comment Print

Hothur Traders Vs ACIT (ITAT Bangalore) In the present case, the assessee had received the amount in the course of its business, which are originally treated as an advance. These deposits neither claimed nor returned to the party concerned. There is no dispute that this impugned amount was received in the course of carrying on […]

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