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Archive: 22 April 2021

Posts in 22 April 2021

Reassessment initiation solely based on report of Investigation Wing liable to be quashed

April 22, 2021 3291 Views 0 comment Print

Reassessment proceedings initiated upon report of the Investigation Wing was not valid as AO had not applied his mind independently and acted solely upon the report of the Investigation Wing.

Orissa HC Quashes Service Tax Notices issued to Lawyers

April 22, 2021 6057 Views 1 comment Print

Devi Prasad Tripathy Vs The Principal Commissioner CGST and Central Excise (Orissa High Court) A compliance affidavit has been filed by the Principal Commissioner, GST & Central Excise Commissionerate, Bhubaneswar enclosing the copies of instructions issued on 9th April, 2021 and 15th April, 2021 reiterating, inter alia, that the services provided by an advocate or […]

Salary for Services rendered in Foreign Countries cannot be taxed in India for non-production of TRC

April 22, 2021 5790 Views 0 comment Print

Sri Vamsee Krishna Kundurthi Vs ITO (International Taxation) (ITAT Hyderabad) As the assessee has spent less than 60 days in India during the FY 2013-14, he qualifies as a Non resident under section 6(1) of the Act. Therefore, the foreign allowance of Rs.19,79,072/- was not offered to tax in India in the return of income […]

Cenvat Credit cannot be denied for demand Under Section 11A

April 22, 2021 1563 Views 0 comment Print

Rule 8(3A) applied to cases where assessee had defaulted in payment of excise duty beyond 30 days from the due date and it did not apply to every case where in the department, during the scrutiny of returns, during audit or during investigation found any additional amount payable as duty of excise. Tribunal had given cogent reasons for its finding that assessee’s case was a case of demand under Section 11A and was not covered by Rule 8(3A) and the Revenue was not correct in denying utilization of Cenvat Credit to the assessee by applying the said sub-rule.

CBDT notifies ‘Canada Pension Plan Investment Board Private Holdings (4) Inc’ U/s. 10(23FE)

April 22, 2021 2223 Views 0 comment Print

Central Government hereby specifies ‘CPP Investment Board Private Holdings (4) Inc.’, as the specified person for the purposes of sub-clause (iv) of clause (c) of the Explanation 1 to clause (23FE) of section 10 of Income-tax Act, 1961 in respect of the eligible investment made by it in India on or after 22nd April 2021 […]

CBDT notifies ‘Canada Pension Plan Investment Board’ U/s. 10(23FE)

April 22, 2021 639 Views 0 comment Print

Central Government hereby specifies ‘Canada Pension Plan Investment Board’, as the specified person for the purposes of sub-clause (iv) of clause (c) of the Explanation 1 to clause (23FE) of section 10 of the Income-tax Act, 1961 in respect of the eligible investment made by it in India on or after 22nd April 2021 but […]

No Section 194C TDS on Hire Charges if not satisfies threshold limit of Rs. 20000

April 22, 2021 5790 Views 0 comment Print

ACIT Vs Late D. Mahendran (ITAT Hyderabad) The AO disallowed hire charges for non-deduction of tax u/s 40(a)(ia) of the I.T.Act, with an observation that the appellant has not brought on record any supporting evidence that he had hired lorries and trucks in the manner the public hire an auto or a taxi on the […]

RBI issues instructions on Declaration of dividends by banks

April 22, 2021 1401 Views 0 comment Print

Commercial Banks may pay dividend on equity shares from the profits for the financial year ended March 31, 2021, subject to the quantum of dividend being not more than fifty percent of the amount determined as per the dividend payout ratio prescribed in paragraph 4 of the said circular. Other instructions in the circular dated May 4, 2005 shall remain unchanged.

No penalty for difference of opinion on treatment of rental income

April 22, 2021 1251 Views 0 comment Print

Raghuram Garikapati Vs DCIT (ITAT Hyderabad) The assessee’s sole substantive grievance raised in the instant appeal challenges correctness of both the lower authorities’ action imposing Section 271(1)(c) penalty of Rs.10,46,957/- pertaining to quantum addition arising from treatment of rental income (as to whether it came under the head ‘income from house property’ or ‘income from […]

7 steps to ensure smooths supply of Oxygen to Hospitals

April 22, 2021 432 Views 0 comment Print

authorities shall be instructed to accordingly allow free inter-state movement of oxygen carrying vehicles; (ii) No restrictions shall be imposed on oxygen manufacturers and suppliers to limit the oxygen supplies only to the hospitals of the State/ UT in which they are located;

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