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Archive: July, 2021

Posts in July, 2021

Demystifying Section 206C(1H) And Section 194Q

July 29, 2021 11580 Views 0 comment Print

TCS ON SALE OF GOODS UNDER SECTION-206C(1H): The Finance Act,2020 had inserted a new section 206C(1H) with effect from 1st October 2020.It applies to any seller who receives any consideration for sale of any goods of the value exceeding rupees fifty lakhs in any previous year. The seller shall collect from the buyer, a sum […]

One Person Company (OPC) – Advantages & Disadvantages

July 29, 2021 8079 Views 2 comments Print

Section 2(62) of the Companies Act, 2013 defines an OPC as a company which has only person as a member. The very concept of an OPC is that it shall have only one member. Only an individual can form an OPC. The minimum and maximum number of member in an OPC is one. The minimum […]

Reassessment valid as AO formed prima facie opinion for escapement of income

July 29, 2021 1158 Views 0 comment Print

Electrotherm (India) Ltd. Vs DCIT (ITAT Ahmedabad) Conclusion:  Since AO after applying his mind on information received from VAT Department arrived at the conclusion, based on the reasons to believe that income of assessee had escaped assessment. and at the time of issuing notice under section 148 AO had formed prima facie opinion for escapement […]

Papad is not limited to traditional round shape but can be of any desired shape & size

July 28, 2021 1293 Views 0 comment Print

Impugned goods have all the characteristics and ingredients of Papad. Traditionally Papad were made manually in round shape however, due to advancement in technology, Papad does not limit to same age old traditional round shaped Papad but can be in any desired shape and size. Thus, Impugned goods are classifiable under HSN 19059040.

Amendment in TN VAT Act for rectification of an anomaly is retrospective: HC

July 28, 2021 4317 Views 0 comment Print

The Petitioner contended that the amendment was effected by way of rectification of an anomaly and therefore, it cannot be construed as a new policy. Thus, the benefit of ITC granted pursuant to the amendment is to be extended so as to cover the transactions took place prior to the insertion of the amendment.

Supply of Labour Services under GST Scenario

July 28, 2021 85855 Views 0 comment Print

Under GST scenario supply of labour services is also an important issue. Prior to GST certain Supply of Labour Services were taxable under the Service Act, After introduction of the Goods and Services Tax Act,2017, most of the Supply of Labour Services are taxable.   So, we have to know how to handle Supply of Labour Services […]

Granted bail on medical grounds to a person accused of misusing public funds & reinvesting the same in other businesses

July 28, 2021 12015 Views 0 comment Print

Sri Nanjundaiah Vs Union of India (Karnataka High Court) Sri Nanjundaiah (Petitioner), the founder of Kanva Souhardha Co-operative Credit Limited (Society) has filed the Bail Application in Special Criminal Case No.846/2020 registered by the Directorate of Enforcement (Respondent) for the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (PML Act). […]

General Insurance Business (Nationalisation) Amendment Bill, 2021

July 28, 2021 2658 Views 0 comment Print

General Insurance Business (Nationalisation) Amendment Bill, 2021 is introduced in Lok Sabha on 30th July 2021. General Insurance Business (Nationalisation) Amendment Bill, 2021, inter alia, provides for the following:— (i) to omit the proviso to section 10B of the Act so as to remove the requirement that the Central Government holds not less than fifty-one […]

Section 194LA TDS not attracted if it is not possible to quantify value in monetary terms

July 28, 2021 1284 Views 0 comment Print

Chief Accounts Officer Vs ITO (ITAT Bangalore) Provisions of section 194LA of the Act would apply only in the case of a compulsory acquisition and not to a case where lands were surrendered by land owners under section 14B of KTCP Act. Hon’ble High Court also held that since BBMP is not paying consideration for […]

Approval required before issuance of Section 148 notice wef 1.4.2021

July 28, 2021 10206 Views 2 comments Print

Four level of approvals are required before issuance of notice from specified authority . 1. Before conducting enquiry u/s 148A(a) 2. Before issuing notice under section 148A(b) 3. Before passing order under section 148A(d) 4. Before issuing notice under section 148 [proviso to section 148] In case where procedure under section 148A is not applicable […]

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