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Archive: 12 August 2021

Posts in 12 August 2021

No penalty u/s 271(1)(c) when returned income accepted filed in response to notice u/s 148

August 12, 2021 27480 Views 4 comments Print

In the case of the assessee at present no finding was recorded in the assessment order that there was concealment of income.The assessee has not furnished inaccurate particulars of its income.True income of the assesseee was declared in the return filed by the assessee after issue of the notice u/ s 148 of the act . And the case of the assessee was made u/s 143(3) of the act on the same returned income.

Services received from overseas commission agent is not chargeable to GST under RCM as place of supply is outside India

August 12, 2021 22197 Views 0 comment Print

The Hon’ble Uttarakhand Authority for Advance Rulings (UAAR), in the matter of M/s. Midas Foods (P.) Ltd. [Application No. 05 of 2020-21 dated October 15, 2020], held that Overseas Commission Agent is covered within the definition of the term ‘intermediary’ under Section 2(13) of the Integrated Goods and Services Tax Act, 2017 (the IGST Act). […]

GST leviable on Private Coaching Institutes imparting education to CA, CS, CMA etc

August 12, 2021 3603 Views 0 comment Print

AAAR held that the private coaching institutions imparting education to students facilitating them to obtain qualification like CA,CS, CMA etc., are not covered under the definition of ‘educational institution’ in para 2(y) of the Services Exemption Notification No. 12/2017- Central Tax (Rate) dated June 28, 2017 and hence not eligible to exemption under CGST Act.

GST leviable on amount paid by members of RWA in excess of Rs 7500 Per Month

August 12, 2021 2772 Views 0 comment Print

The Hon’ble Madras High Court in Greenwood Owners Association v. Union of India [ W.P. Nos. 5518 and 1555 of 2020 dated July 01, 2021] held that contribution by the members of the Resident Welfare Association (RWA) only in excess of Rs. 7500/- per month per member would be taxable under the Goods and Services […]

FSSAI Mandating the non-issuance of Offline Renewal of FSSAI license

August 12, 2021 2064 Views 0 comment Print

Food Safety and Standards Authority of India (FSSA), (Regulatory Compliance Division, vide File No. 15(31)2020/FoSCoS/RCD/FSSAI dated 12th day of August, 2021 has issued, circular Mandating the non-issuance of Offine Renewal of FSSAI license. FSSAI had launched Food Safety Compliance System (FoSCoS) on 1st November, 2020 on pan-India basis, all States/UTs are issuing online licensing and […]

Maximizing Value with Financial Restructuring

August 12, 2021 23127 Views 0 comment Print

Financial restructuring is a specialist initiative undertaken to reorganize the financial assets and liabilities of a business enterprise in order to make the most beneficial environment for that entity. Primarily, it comprises of reorganising share capital and debt. With inefficient restructuring, companies are often entitled to favourably change their contractual relationships with lenders, shareholders and […]

True tests for determining Composite & Mixed Supply under GST laws including analysis of position under foreign laws

August 12, 2021 4395 Views 2 comments Print

True tests for determining Composite & Mixed Supply under GST laws including analysis of position under foreign laws Introduction To determine whether a particular supply is a composite supply or mixed supply, we have to analyze the definition of composite supply and mixed supply. Composite Supply Definition As per Section 2(30) of CGST Act, 2017, […]

Insolvency and Bankruptcy Code (Amendment) Act 2021

August 12, 2021 849 Views 0 comment Print

(1) This Act may be called the Insolvency and Bankruptcy Code (Amendment) Act, 2021. (2) It shall be deemed to have come into force on the 4th day of April, 2021.

Delayed employees contribution to PF/ESIC deposited before due date of filing ROI u/s 139(1) is allowed as deduction

August 12, 2021 3531 Views 0 comment Print

Main issue involved in the matter was that Employees contribution to VPF was deposited after due dates under explanation to section 36(1)(va) but before the end of relevant previous year is allowable deduction or not.

Advisory on GSTR-1 Filing (11th August 2021)

August 12, 2021 11733 Views 1 comment Print

Advisory on GSTR1 Filing (11th August 2021) Currently, the Taxpayers are seeing the below statuses for GSTR1, after uploading of JSON file from the of Tool: 1. Processed with Error or 2. In Progress This is due to the fact that many offline utilities used by Taxpayers are not filling the Table 12-HSN wise summary […]

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