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Archive: 28 August 2021

Posts in 28 August 2021

Subsidy paid by Government is deductible for arriving at taxable value for chargeability of GST

August 28, 2021 16632 Views 1 comment Print

The Applicant has sought clarification on the amount of subsidy to be reduced for arriving at taxable value of the solar system from the price declared by the Nodal Agency and whether the Goods and Services Tax (GST) liability would be on the taxable value calculated after subtracting the subsidy amount from the system price.

Mandatory pre-deposit for filing appeal under GST Law

August 28, 2021 100557 Views 3 comments Print

The necessary provisions regarding filing an appeal to Appellate Authority has been provided under CHAPTER XVIII- APPEALS AND REVISION [SECTION 107 TO 121] of the Central Goods and Services Tax Act, 2017 (‘CGST Act, 2017’) supplemented with CHAPTER XIII- APPEALS AND REVISION [RULE 108 TO 116]. Pursuant to the provisions of Section 107(1) of the […]

Receipts from sale of software licences not constitutes royalty

August 28, 2021 915 Views 0 comment Print

Atlassian Pty Limited Vs DCIT (ITAT Bangalore)  In the instant case, the assessee is a foreign company, which sells software licences to the end-users in India. Therefore, this case falls within the first category grouped by the Hon’ble Apex Court. The Assessing Officer in this case had elaborately examined the end-users licence agreement entered between […]

All you need to know about Cryptocurrency

August 28, 2021 3207 Views 0 comment Print

In the past 10-20 years, our world has changed a lot. We evolved from landlines to smartphones. We have almost shifted from money in the wallet to money in the digital wallet. Demonetization, suddenly made all the businesses be it small or big to shift to accepting online payments. From a vegetable vendor to a […]

Availed Startup Benefits?

August 28, 2021 1911 Views 0 comment Print

I. Introduction What qualifies as a “Start-up” under the Start-up India Scheme? An entity shall be eligible to apply for Start-up Registration if: 1. It is incorporated as a Pvt Ltd Company or registered partnership firm or LLP. 2. Up to ten years from the date of its incorporation/registration 3. Turnover for any of the […]

LTCG on Sale of Shares : ITAT Grants stay to Mauritius based company

August 28, 2021 1353 Views 0 comment Print

Blackstone FP Capital Partners Mauritius V Limited Vs DCIT (ITAT Mumbai) Undoubtedly, the core issue arising for consideration in the corresponding appeal of the assessee is, whether the long term capital gain arising out of sale of shares of an Indian company would be taxable in India. It is the stand of the assessee that […]

Correctness of reasons can be decided during re-assessment proceedings and not in writ: HC

August 28, 2021 1860 Views 0 comment Print

DCIT Vs Daimler India Commercial Vehicles Private Ltd. (Madras High Court) In the present case on hand, the appellants clearly stated the reason for reopening that particular fact has not been disclosed fully and truly in the assessment proceedings and so whether the assessee had disclosed it or not, can be decided by the authorities […]

Trust Registration cannot be rejected for authorisation to administer trust to 2 Trustees

August 28, 2021 2277 Views 0 comment Print

CIT Vs Angels Educational Trust (Madras High Court) With regard to the observation of the appellant that only two of the Trustees were authorized to administer the Trust, the same was held to be not a reason to reject the case of the assessee-Trust and it is common that the day-to-day activities of a Trust […]

Reassessment notice invalid if AO not applied his mind & not supplied reasons

August 28, 2021 4227 Views 0 comment Print

R N Khemka Enterprises (P) Ltd. Vs ITO (ITAT Delhi) Co-ordinate Benches of the Tribunal are taking the consistent view that when there is non-application of mind by the AO to the report of the Investigation Wing, such reassessment proceedings are not in accordance with law and such reopening proceedings have been quashed. Since, in […]

Beneficial circular cannot be retrospectively withdrawn

August 28, 2021 1920 Views 0 comment Print

Chittor Polyfab Ltd. Vs Commissioner Of Central Excise, Central Goods And Service Tax (CESTAT Delhi) The circular dated 08.06.2018 also cannot be made retrospectively applicable to the period in question (April 2015 to June, 2017). At the relevant time, circular No. 988/12/2014 CX dated 20.10.2014 / Circular No. 97/8/2007-CX dated 23.8.2007 were applicable. It has […]

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