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Archive: 07 June 2021

Posts in 07 June 2021

Third Proviso to Section 254(2A) of Income Tax Act is Arbitrary & Unconstitutional

June 7, 2021 3801 Views 0 comment Print

The three-judge bench of Supreme Court of India in the case of Deputy Commissioner of Income Tax v. M/S Pepsi Foods Ltd struck down the third proviso of Section 254(2A) of Income Tax Act (Act) as unconstitutional and violative of Article 14 of the Constitution of India on account of being arbitrary and discriminatory in nature.

ITC eligibility & outward taxability under GST of benefits granted by employer to employee during COVID-19

June 7, 2021 8985 Views 0 comment Print

This is an attempt to briefly discuss the provisions with regards to claiming of input tax credit and subsequent levy as outward supply under GST law of the benefits/facilities granted by the employer to the employee during COVID-19 pandemic under GST regime: 

Related Party Transactions (RPT) under Companies Act, 2013

June 7, 2021 207438 Views 8 comments Print

Section 188 of the Companies Act, 2013 (the Act) specifically deals with Related Party Transactions which further captivate other provisions of the Act including Section 166, 173, 177, and 184. In this article, an attempt is made to explain and amplify the coverage, scope, and intent of ‘Related Party Transactions.                

आयकर के मुल सिद्धांत

June 7, 2021 48666 Views 0 comment Print

प्रस्तावना भारत में प्राचीन काल से कर लगाए जाते रहे हैं, चाणक्य के ‘अर्थशास्त्र’ और ‘मनु-स्मृति’ का भी संदर्भ हैं, जिसे दुनिया का पहला संविधान माना जाता है। “यह केवल अपनी प्रजा की भलाई के लिए था कि उसने उनसे कर एकत्र किया, जैसे सूर्य पृथ्वी से नमी को एक हजार गुना वापस देने के […]

CBIC collects Late Fees of ₹. 1516.34 Cr during Apr 2020 to Feb 2021

June 7, 2021 13167 Views 1 comment Print

As per an RTI CBIC collects Late Fees of Rs. 1516.34 Cr during Apr 2020 to Feb 2021 despite the Pandemic Covid-19. Whiile CBIC collects Rs. 2507.75 Crores in FY 2019-20 Rs. 2057.53 Crores if FY 2089-19 and Rs. 366.74 Crores for the period from 01st July 2017 to 31st March 2018. Government of India […]

List of Documents required for e-Filing of Appeal with ITAT

June 7, 2021 10596 Views 1 comment Print

List of Documents required for e-Filing of Appeal with ITAT for following types of Appeals – -Income Tax Appeal against Levy of Penalty u/s. 234E of Income Tax Act, 1961 -Income Tax Appeal against Order u/s. 250 (Arising out of Appeal u/s. 248) -Cross Objection against appeal u/s. 253 -Miscellaneous Application against Order u/s. 254(1) […]

Legal Implications of Informal Guidance

June 7, 2021 4722 Views 0 comment Print

No law is perfect, thus giving a wider probability of ambiguity among various stakeholders. Moreover, the business environment being dynamic in nature requires to be at par with the current scenario in order to achieve its ultimate goal and also each situation would not necessarily be same as that of the situation quoted under the law or based upon which a prior judgement has already been pronounced.

No service tax can be levied on food served as ‘take away’ or ‘parcels’

June 7, 2021 5574 Views 0 comment Print

Madras High Court held that provision of food and drink to be taken-away in parcels by restaurant tantamount to the sale of food and drink and thus, shall not attract service tax under the Finance Act.

NCLT approves resolution plan submitted by Piramal Group in CIRP of DHFL

June 7, 2021 2265 Views 0 comment Print

R. Subramaniakumar Vs Committee of Creditors (NCLT) The present Interlocutory application is filed by Mr. R. Subramaniakumar the Applicant, Administrator of Dewan Housing Finance Corporation Limited, for the Corporate Debtor by submitting a resolution plan under section 30(6) and section 31 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) read with Regulation 39(4) of […]

Allowability of ITC to Landowner before completion certificate

June 7, 2021 7560 Views 0 comment Print

Allowability of ITC to the Landowner before completion certificate through Notification No 2/2021 & 3/2021 of Central Tax (Rate) As per recommendations of GST council in the 43rd meeting held on 28th May 2021 in relation to allowability of credit of taxes paid by developer to the landowner notified through notification 2/2021 & 3/2021 Central […]

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