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Archive: September, 2021

Posts in September, 2021

Land Mark Judgement: No section 14A disallowance if assessee had sufficient interest free own fund

September 13, 2021 13050 Views 0 comment Print

In the landmark judgement the Hon’ble Supreme Court of India allowed the appeal of the South Indian Bank by settling the long drawn battle between the assessee and the department on whether proportionate disallowance of interest paid by the banks is called for under section 14A of the Income Tax Act for investments made in tax free bonds/securities which yield tax free dividend and interest of assesse Banks when assesse had sufficient interest free own fund which were more than the investments made.

Inverted Duty Structure the way forward?

September 13, 2021 15306 Views 4 comments Print

Accumulation of Input Tax Credit happens when the tax paid on inputs is more than the output tax liability. Such accumulation will have to be carried over to the next financial year till such time as it can be utilised by the registered person for payment of output tax liability. However, the GST Law permits […]

Submitted Resolution Plan cannot be modified by Resolution Applicant: SC

September 13, 2021 6166 Views 0 comment Print

Ebix Singapore Private Limited Vs Committee of Creditors of Educomp Solutions Limited & Anr. (Supreme Court of India) This Court is cognizant that the extraordinary circumstance of the COVID-19 pandemic would have had a significant impact on the businesses of Corporate Debtors and upon successful Resolution Applicants whose Plans may not have been sanctioned by […]

HC upheld validity of Section 148 Notice issued after 31.3.2021

September 13, 2021 4116 Views 0 comment Print

Ashok Kumar Agrawal Vs Union of India (Chhattisgarh High Court) It is submitted that on the date i.e. on 28.06.2021 when the notice under Section 148 of the Income Tax Act is issued, the power to issue the notice was preceded with a new provision of law and thereby Section 148 is to read with […]

Reopening to further disallow expenses under section 14A on change of opinion is invalid

September 13, 2021 2031 Views 0 comment Print

Sandesh Procon LLP Vs ACIT (Gujarat High Court) A bare perusal of the reasons and original the assessment order made under Section 143(3) of the Act, the facts emerge that, the respondent authority had determined the issue of disallowance after considering the material available and now again without any tangible material available with the Assessing […]

Application for Aadhaar e-KYC Authentication Licence

September 13, 2021 1821 Views 0 comment Print

A detailed procedure for processing of applications under the aforementioned Section for use of Aadhar authentication services by entities other than banking companies has been provided by the Department of Revenue, Ministry of Finance vide their circular dated May 9, 2019.

HC directs Advance ruling authorities to answer specific questions asked by Appellant

September 13, 2021 1083 Views 0 comment Print

Kasturba Health Society Vs Union of India (Bombay High Court) On going through the impugned orders challenged here, we find that these orders do not answer the basic question raised by the petitioner-society. The question raised by the petitioner-society was as to whether or not, the petitioner-society, on its own strength and in its own […]

Disallowance under section 14A not warranted if no exempt Income earned

September 13, 2021 3084 Views 0 comment Print

JCIT Vs Reliance Life Sciences Pvt. Ltd. (ITAT Mumbai) We agree with the submissions of the Ld. Counsel for the assessee that since assessee has not earned any exempt income and therefore no disallowance is warranted u/s. 14A of the Act. In the case of Joint Investments Pvt. Ltd. v. CIT [372 ITR 694] the […]

TNVAT payable On Sale of Electronically Made Indian Musical Instruments

September 13, 2021 879 Views 0 comment Print

Radel Electronics Pvt. Ltd. Vs Government of Tamil Nadu (Madras High Court) State has not intended to grant exemption in respect of large scale manufacturers of electrically made Indian Musical Instruments. Such Indian Musical Instruments, which all are using the electronic technologies, then it is to be classified as electronic instruments, which would squarely fall […]

Can you use Pencil and/or Highlighter in CA Examinations?

September 13, 2021 2967 Views 1 comment Print

Can you use Pencil and/or Highlighter in Chartered Accountancy Examinations? The Institute of Chartered Accountants of India, has maintained an abject silence on the following counts of information being sought under the Right to Information Act, 2005, which relates to the clarity on the restrictions imposed for the use of pencil and/or highlighter while writing […]

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