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Archive: 06 April 2021

Posts in 06 April 2021

Automatic vacation of stay order after expiry of 365 days is not permissible

April 6, 2021 5544 Views 0 comment Print

DCIT Vs Pepsi Foods Ltd. (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER The Hon’ble Supreme Court in DCIT v. Pepsi Foods Ltd. [Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021] has upheld the Hon’ble Delhi High Court’s verdict of partially striking down third proviso to Section […]

How Much GOLD I Can Hold- Limit under Income Tax?

April 6, 2021 66132 Views 3 comments Print

Understanding the limit of holding gold under the Income Tax Act. Learn about the implications of owning jewellery beyond the prescribed limit.

GST Assessment Order passed without granting opportunity of being heard; Quashed by the Andhra Pradesh HC

April 6, 2021 1422 Views 0 comment Print

GRT Hotels & Resorts Pvt. Ltd. Vs  State of Andhra Pradesh & Anr (Andhra Pradesh HC) In M/s. GRT Hotels & Resorts Pvt. Ltd., Vs.  State of Andhra Pradesh & Anr (Writ Petition No. 7584 of 2021 dated: 06.04.2021, it is held that, Sub-Section (4) of Section 75 of the Central Goods & Services Tax […]

CESTAT cannot allege fraud on haphazard and hurried basis

April 6, 2021 726 Views 0 comment Print

Essel Propack Limited Vs Union of India and others (Bombay High Court) When the appeal of the petitioner was heard by the CESTAT, learned counsel for the petitioner furnished sample invoice copies to justify labour charges incurred. It was at that stage that the authorized representative of the department raised objection that such invoices could […]

Auto-population of e-invoice details into GSTR-1 for March 2021

April 6, 2021 8499 Views 0 comment Print

Auto-population of e-invoice details into GSTR-1 1. For the month of March, 2021, the auto-population of e-invoices into GSTR-1 (of March, 2021) is still in progress and is likely to take some more time. Hence, notified taxpayers who are reporting e-invoices, are hereby advised not to wait for the complete auto-population, and instead proceed with […]

Section 263 Jurisdiction not invocable when Re-Assessment was Illegal

April 6, 2021 1167 Views 0 comment Print

SBS Realtors Private Limited Vs ITO (ITAT Delhi) Learned Counsel for the Assessee submitted that since the re-assessment order is illegal and bad in Law and is covered by the Order of the Tribunal Dated 01.04.2019 in the case of assessee on the same issue, therefore, the Learned Pr. CIT cannot exercise jurisdiction under section […]

LTCG cannot be treated as Unexplained Cash Credits merely for astronomical increase in price of shares

April 6, 2021 1509 Views 0 comment Print

Sh. Mukesh Mittal Vs ITO (ITAT Delhi) The assessment order clearly shows that the AO has merely reproduced the modus operandi of the entry providers who booked bogus long term capital gains through penny stock companies. The show cause notice dated 2.12.2016 issued by the AO during the assessment proceedings and the findings of the […]

GST: Release of modules: Issuance of SCN based on Order-in-Review & Call Book

April 6, 2021 5874 Views 0 comment Print

Advisory No.03/2021 dated 06.04.2021 issued by DGS, Bengaluru on functionalities ‘Issuance of show cause notice for erroneous refunds on the basis of Review Order(Order-in-Review)’ and ‘Call Book : Transfer of DRC-01/SCN in to and out of Call Book’ is released.   CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS OFFICE OF THE ADDITIONAL DIRECTOR GENERAL OF […]

ROC Compliance Calendar For 2021

April 6, 2021 40407 Views 2 comments Print

ROC Compliance Calendar For 2021 in respect of Form 11 (Annual returns of an LLP), DPT-3 (Annual Return of Deposit And Exempted Deposit), DIR-3 KYC (KYC of DIN holders), Form ADT-1 (Appointment of auditor), Form 8 (Financial Reports of an LLP), Form AOC-4 ; Form-AOC-4CFS ; Form AOC-4XBRL (Filing of annual accounts), MGT-7 (Filing of […]

ITAT allows Tata Trust to surrender Section 12A Registration w.e.f. 20.03.2015

April 6, 2021 3729 Views 0 comment Print

This write up summarizes the decision of the Mumbai ITAT in the matter of R.D Tata Trust (Assessee) wherein Tribunal held that cancellation of Registration granted to the assessee will have effect from the date on which the hearing of First show cause notice was concluded. Facts of the case The assessee trust was constituted […]

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