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Archive: June, 2021

Posts in June, 2021

CESTAT upheld rejection of refund of service tax on out-of-Pocket Expenses

June 18, 2021 750 Views 0 comment Print

Astrazeneca India Pvt. Ltd. Vs Commissioner of GST & CE (CESTAT Chennai) refund in respect of Hotel Accommodation Services is availed only for the benefit of the employees. The same issue has been allowed in favour of the appellants in their own case for the subsequent period. For these reasons, I hold that the refund […]

Taxation (GST and Income Tax) on Crypto currency like Bitcoin?

June 18, 2021 8280 Views 0 comment Print

What is Cryptocurrency? Cryptocurrency is not a traditional ‘currency’ but is a virtual or digital representation of money’s worth and not something which is available in a tangible and physical form. Cryptocurrency is a digital currency that can be exchanged online for goods and services, but uses an online ledger with strong cryptography to secure […]

SEBI allows Mutual Funds to enter plain vanilla Interest Rate Swaps for hedging

June 18, 2021 1236 Views 0 comment Print

Mutual Funds may enter into plain vanilla Interest Rate Swaps (IRS) for hedging purposes. The value of the notional principal in such cases must not exceed the value of respective existing assets being hedged by the scheme.

Request to FM to extend applicability of safe harbour limit u/s 43CA & 56(2)(x)

June 18, 2021 6447 Views 1 comment Print

Open letter to FM requesting extension of safe harbour limit u/s 43CA & 56(2)(x) of the Income Tax Act. Learn why it’s crucial for real estate developers and home buyers.

No section 263 revision by PCIT based on borrowed satisfaction

June 18, 2021 1992 Views 0 comment Print

Since the revision proceedings u/s 263 had been apparently triggered only based on borrowed satisfaction i.e Audit Objection and not based on independent application of mind by PCIT therefore, the revision order passed by PCIT u/s 263 was hereby directed to be quashed.

No TDS on commission to Agents outside India if such agent pays income after deduction of commission

June 18, 2021 1698 Views 0 comment Print

Since assessee was a recipient of income in India after deduction of commission by the buyer outside India and no income had been received or paid inside India, which attracted TDS deduction in India, therefore, assessee was not liable to deduct TDS in India.

ALP determinable on combined accounts approach in case of failure to separate common costs

June 18, 2021 1887 Views 0 comment Print

TPO determined ALP on the combined accounts approach rather than the split approach adopted by assessee as assessee failed to substantiate such common material costs were properly allocated segment-wise and Transfer Pricing Adjustment made at entity level should be restricted to international transactions only.

How to file form 15CB on New Income Tax Portal with FAQs

June 18, 2021 63582 Views 1 comment Print

Form 15CB FAQs Q.1 What is Form 15CB? Form 15CB is a certificate to be furnished by an Accountant in cases where any payment / aggregate of payments exceeding ₹5 Lakh in a FY, chargeable to income tax is made to a Non-Resident, not being a Company or to a Foreign Company, and a certificate from the AO u/s […]

How to file form 15CA on New Income Tax Portal with FAQs

June 18, 2021 39558 Views 11 comments Print

Form 15CA FAQs 1. What is Form 15CA? As per Section 195, every person making a payment to Non-Residents (not being a Company), or to a Foreign Company shall deduct TDS  if such sum is chargeable to Income Tax and the details are required to be furnished in Form 15CA. A person responsible for making […]

ITC cannot be denied merely for non-reflection of transaction in GSTR 2A

June 17, 2021 40557 Views 0 comment Print

St. Joseph Tea Company Ltd. Vs State Tax Officer (Kerala High Court) The recipients of the petitioner under its provisional registration (ID) for the period from 01.07.20217 to 09.07.2018 shall not be denied ITC only on the ground that the transaction is not reflected in GSTR 2A. It will be open for the GST functionaries […]

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