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Archive: March, 2021

Posts in March, 2021

GST on reimbursement by subsidiary to its ultimate holding company located outside India

March 10, 2021 6735 Views 0 comment Print

In re ICU Medical India LLP (GST AAAR Tamilnadu) Whether GST is leviable on the reimbursement of the subsidiary company to its ultimate holding company located in a foreign territory outside India and  In case GST is leviable, what is the GST rate applicable to the said reimbursement of expenses? The fact of reimbursement does […]

‘K Juice Grape’ is a Carbonated fruit beverage & classifiable under CTH ‘2202 1090-Other

March 10, 2021 1914 Views 0 comment Print

In re M/s Kalis Sparkling Water Private Limited (GST AAAR Tamilnadu) The Customs Tariff under single dash(-)CTH 2202 10 includes Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured and under the said (-), CTH 2202 10 90(with a (—)) covers others. The above heading as per the […]

Addition not valid when Cash Deposit is included in Turnover offered For Tax under Section 44AD

March 10, 2021 8895 Views 0 comment Print

Virender Kumar Vs ITO (ITAT Jaipur) It is noted that the assessee is in the diary business in the name and style of M/s Mohan Diary, Tijara and in pursuant to notice u/s 148, he has filed his return of income u/s 44AD declaring gross receipts from his diary business amounting to Rs 14,56,230/-. The […]

Deemed Dividend not applicable if recipient of loan is not a shareholder

March 10, 2021 1776 Views 0 comment Print

ACIT Vs Herbert Brown Pharmaceuticals & Research Laboratories (ITAT Mumbai) The learned Departmental Representative relied upon the order of the Assessing Officer and submitted that though the recipient of loan or advance by the company is not a shareholder but is a concern in which shareholders are having substantial interest. He submitted that the learned […]

E- Invoices for turnover exceeding Rs 50 Crores w.e.f. 01.04.2021

March 10, 2021 40569 Views 9 comments Print

Sub-rule (4), (5) and (6) were inserted in Rule 48 (Manner of issuing Invoice) of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) vide Notification No. 68/2019 -Central Tax dated 13th December, 2019 in respect to generate e-invoice as under- “Rule (4) The invoice shall be prepared by such class of registered persons as […]

16 Bullet Points on GST HSN Code Requirements wef 01.04.2021

March 10, 2021 89091 Views 14 comments Print

16 Bullet Points to be taken care of while implementing HSN digits from the new financial year 2021-22 A major change for which the businesses have to gear up starting 01st April 2021 is mentioning of HSN codes on all the tax invoices. Major points to be considered for this new provision are as below: […]

Article 137 of Limitation Act will govern the limitation period u/s 11 for appointment of arbitrator

March 10, 2021 27654 Views 1 comment Print

Notice invoking arbitration was issued 5 1/2 years after rejection of the claims on 04.08.2014. Consequently, the notice invoking arbitration was ex facie time barred, and the disputes between the parties could not be referred to arbitration.

Income escaping assessment | Action to be taken | AY 2013-14 to 2017-18

March 9, 2021 20790 Views 0 comment Print

Which functionality is to be used for uploading the information in respect of cases where the income escaping assessment pertains to AYs 2013-14 to 2017-18 as mentioned in Para 2(a) of the aforementioned directions issued vide F.No.414/132/2018-IT(Inv.I)(Part I) dated 5th March, 2021?

DGGI Gurugram officials arrest 2 for GST Fraud of Rs 690 crore

March 9, 2021 8493 Views 0 comment Print

Both the accused, resident of Sirsa, Haryana, had relocated to Nepal in a bid to escape being caught and to perpetuate the fraud. After a tip off they were nabbed and were found to be in possession of huge incriminating documents and gadgets in the form of multiple laptops, multiple smart phones, debit cards, PAN and Aadhar details of multiple persons, multiple notary stamps etc.

Excise dues of Husband cannot be recovered from Wife’s Property

March 9, 2021 9891 Views 0 comment Print

Meena Krishna Agarwal Vs Commissioner of Central Excise & ST, Vadodara (CESTAT Ahmedabad) The issue involved in the present appeal is whether the flats belonging to the appellant which she purchased under Registered Sale deeds dated 31.03.2008 out of monies received as gifts from her mother-in-law and father-in-law, can be proceeded against by the Excise […]

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