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Archive: 12 July 2021

Posts in 12 July 2021

Is Common Income Tax Portal Becoming Uncommon | 13 Errors

July 12, 2021 33093 Views 76 comments Print

01st June 2021 was the day of the launch of the income tax portal 2.0 with a clear 10 days intimation in advance that the income tax services will not be available from 01st June till 07th June 2021 and any dates, timelines falling between 01st June to 10th June 2021 would be extended/ deemed extended. Nearly 1.5 months after […]

CGST officials bust network of 23 firms for claiming ITC of Rs 91 crore

July 12, 2021 750 Views 0 comment Print

Based upon specific intelligence, the officers of the Anti Evasion branch of Central Goods and Service Tax (CGST) Commissionerate, Delhi (West) have unearthed a case of availment/utilization and passing on of inadmissible input tax credit (ITC) through goods less invoices of Rs 91 crore (approx).

Delhi HC set aside order passed by AO as no personal hearing was granted to assessee

July 12, 2021 1458 Views 0 comment Print

Naresh Kumar Goyal Vs National Faceless Assessment Center & Ors. (Delhi High Court) Naresh Kumar Goyal (Petitioner) challenged the show cause notice and the draft assessment order both dated April 19, 2021, penalty notice dated May 20, 2021 (Notices) and the assessment order dated May 20, 2021 (Impugned Order) passed by the Department. The Petitioner […]

No TDS on Purchase of software licenses with associated hardware from Foreign Companies

July 12, 2021 19554 Views 0 comment Print

Autodesk Asia Pte Limited Vs DCIT (ITAT Bengalore) The assessee is a Singapore based company, a subsidiary of Autodesk US and the headquarters for Asia-Pacific (APAC) region. It is engaged in the business of manufacturing, designing and supporting computer software and related Autodesk products in the APAC region. It performs or manages activities related to […]

TDS Credit allowable in Years In Which Income is Assessable to tax

July 12, 2021 7845 Views 0 comment Print

DCIT Vs Sasken Network Engineering Limited (ITAT Bangalore) In terms of section 199, Rule 37BA provides that credit for tax deducted at source and paid to the Central Government shall be given for the Assessment Year for which such income is assessable. In case the income is assessable over a number of years, credit for […]

GST Impact on Services Provided by the Freelancer

July 12, 2021 7746 Views 0 comment Print

I have received queries from our colleagues regarding the GST Impact on Services provided by the Freelancer.  What is Freelancer, What types of services will be provided by him , Requirement of Registration, Issue of Tax Invoice, What are the requirements if Freelancer is having export of Services and what are the returns to be […]

Section 292B: Return of income, etc., not to be invalid on certain grounds

July 12, 2021 16968 Views 0 comment Print

Section 292B is considered as a protection to the Income tax authorities for most of short comings in proceedings due to technical aspects.’Substance over form theory’ is the underlining philosophy of section 292B of the Act.

Section 68 addition based on mere bald findings not sustainable

July 12, 2021 732 Views 0 comment Print

ITAT Pune partially allows appeal in Amrutlal Gangaji Choudhary Vs. DCIT. Section 68 addition lacks cogent reasons. Remanded for de novo adjudication.

Section 54 exemption dependent on date of acquisition & not payment

July 12, 2021 2163 Views 0 comment Print

Exemption under Section 54 of the Act is dependent on the date of acquisition of the property and not on the date of payment made in respect of such property. It is also noteworthy to mention that to claim an exemption under Section 54F of the Act, it is not necessary that the same sale consideration should be used for construction of a new house property.

Disallowance for Non deduction of Tax at Source

July 12, 2021 160302 Views 0 comment Print

Analysis of Section 40(a)(i)- Non-compliance of Provisions of TDS where payment is made to Non Resident If any interest, royalty, fees for technical services or other sum chargeable under this Act, which is payable,— (A) Outside India; or (B) In India to a non-resident, not being a company or to a foreign company, On which […]

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