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Archive: July, 2021

Posts in July, 2021

Recovery Order of ITC due to mis-match in Form GSTR-3B and GSTR-2A stayed

July 5, 2021 22149 Views 1 comment Print

HC has granted stay on Recovery Order passed by the Revenue Department, denying Input Tax Credit (ITC) to the Company due to mis-match in two return forms i.e. Form GSTR-2A and Form GSTR-3B, on a condition of deposit of 5% of the demand by the Company.

Can a bank offer different rates of interest, on non-bulk Fixed Deposits of same tenure & size

July 5, 2021 2301 Views 5 comments Print

Can a bank offer different rates of interest, on non-bulk Fixed Deposits of the same tenure and size, under simple interest and compound interest plans? An attempt has been made in this article to examine the following:                          whether a bank can prescribe different rates of interest for the same tenure, for the same amount, on […]

Income of assessee chargeable to tax as principle of mutuality not applies

July 5, 2021 855 Views 0 comment Print

Yum! Restaurants Marketing Private Ltd. Vs ITO (ITAT Delhi) The assessee’s first claim with respect to the income of the assessee not chargeable to tax because of principles of mutuality has already been decided by the Hon’ble Supreme Court in assessee’s own case reported in 424 ITR 630. The Hon’ble Supreme Court dismissed the appeal […]

Time limit to issue Section 149 notice (Reassessment cases)

July 5, 2021 18864 Views 10 comments Print

Time limit to issue notice- One of the major differences between the new and old regime is the time limit of issue of notice, under the earlier regime the time limit for issue of notice was 4 years from the end of the relevant assessment year however in certain circumstances it was 6 and 16 years.

Proceedings of cancellation of GST registration cannot be kept hanging fire on any pretext

July 5, 2021 1740 Views 0 comment Print

Avon Udhyog Vs State of Rajasthan (Rajasthan High Court) Without pronouncing upon petitioner’s contention that on passing of a period of 30 days of the reply, the suspension stands annulled or vitiated, this Court hastens to add that provisions of sub-rule (3) of Rule 22 clearly mandates an order to be passed within 30 days […]

Guide on Section 206C(1H), 206CC, 206CCA, 194Q, 206AA & 206AB

July 5, 2021 12615 Views 1 comment Print

Complete Guide on Section 206C(1H), Section 194Q including TDS/TCS rate in case non Pan/ Non- filer? An analysis of Section 206C(1H), Section 206CC, Section 206CCA, Section 194Q, Section 206AA and Section 206AB. All about TCS on Goods Various discussions are going on about the applicable rate of TCS and TDS on various forums in case […]

Recent Updates In GST till 05th July 2021

July 5, 2021 2769 Views 0 comment Print

Recently Moody’s Investor Services has lowered its India’s growth projections for calendar year 2021 from 13.9% to 9.6%. Faster vaccination progress is going to be paramount in restricting economic losses in June quarter. It states in a report that economic shocks from second Covid wave will not be as severe as in 2020. The virus […]

Guidelines for applicability of Section 194Q

July 5, 2021 52128 Views 5 comments Print

Section 194Q & 206C(1H) | Circular No. 13/2021 Section 194Q Applicability of Section 194Q: 1) Applicable from 1stJuly 2021. 2) When buyer purchase any goods of value or aggregate of value > 50 Lakhs in the previous year. 3) Buyer deducts @0.10% at the time of credit of such sum to the account of the […]

Several Sales Promotion Schemes under GST & clarification on their taxability

July 5, 2021 20412 Views 0 comment Print

[Ref: Circular No. 92/11/2019-GST dated 07th March, 2019] There are Several Promotional Schemes (like Free Samples, Buy One Get One free offer, Discounts including ‘Buy More, Save More’ offer, Secondary Discount) which are offered by taxable persons to increase sales volume and to attract new customers for their products. Generally, the distribution of free samples […]

Applicability of TDS U/s 194Q and TCS U/s 206C(1H)

July 5, 2021 342886 Views 41 comments Print

Coverage :- i. Analysis of provisions of Section 194Q ii. Analysis of provisions Section 206C(1H) iii. Time and manner of deposit of tax with Interest Liability iv. Time and manner of furnishing of TDS / TCS statement v. Time and manner of furnishing of TDS / TCS certificates vi. Consequences of late deposit of taxes, […]

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