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Archive: 05 October 2021

Posts in 05 October 2021

Course on Mastering GST Sections Effortlessly with Memory Techniques!

November 28, 2024 6078 Views 0 comment Print

Simplify GST learning with memory techniques. Join live sessions, master CGST sections, and retain knowledge effortlessly. Register now for practical GST mastery!

CBIC instruction on Submission of Intimation of Arrest Report under Customs

October 5, 2021 2397 Views 0 comment Print

i. Besides intimating to the Zonal Member concerned, arrest reports shall also be intimated to the Member (Investigation). Further, I am directed to reiterate that: ii. A monthly report of all persons arrested in the Zone shall be sent by the Chief Commissioner to the Principal Director General/ Director General of Revenue Intelligence in the format prescribed, by the 5th of the succeeding month.

AO cannot estimate GP rate without rejection of books & without showing defects

October 5, 2021 6681 Views 0 comment Print

Sanjay Agrawal Vs DCIT (ITAT Raipur) – Rejection of books, arbitrary income estimation, and legal principles – AY 2012-13.

Deduction of Interest waived under OTS Scheme

October 5, 2021 4344 Views 0 comment Print

DCIT Vs K.S. Diesels Ltd. (ITAT Mumbai) we are of the considered view that as the assessee as per the terms and conditions of the OTS had during the year under consideration made a payment of interest of Rs.1,91,19,083/- to GIIC out of the interest of Rs.3,23,84,509/- (supra) that was disallowed u/s 43B in the […]

No disallowance under rule 8D(2)(ii) RW section 14A if interest free funds exceeds investment

October 5, 2021 2460 Views 0 comment Print

When the funds available to the assessee both interest free and interest bearing loans, there shall be a presumption that the investments made would be out of the interest free funds available with the assessee, provided the interest free funds were sufficient to meet the investments which means that when the interest free funds are available to the assessee which were sufficient to meet its investments should be presumed that investments were made out of such interest free funds.

Expense on Land Acquisition etc for executing border outpost work for MHA is Revenue Expense

October 5, 2021 1260 Views 0 comment Print

ACIT Vs National Projects constructions Corporation Ltd (ITAT Delhi) Executed border outpost work for the Ministry of Home Affairs and has incurred the expenditure on land acquisition, compensation, service connection charges and miscellaneous expenditure are revenue in nature As per work order (MOU) the assessee was required to acquire the land for the project and […]

Applicability of Change in GST Rates of Various Services

October 5, 2021 6864 Views 1 comment Print

The CBIC vide Notification No. 06/2021 Central Tax (Rate) dated September 30, 2021 has further amended Notification No. 11/2017-Central Tax (Rate) dated June 28, 2017 , as under- 1. Section 12AB shall be put in addition to 12AA, wherever mentioned in the notification dated 28th June, 2017; 2. A rationalized rate of 18% shall be charged instead of […]

Minimum guarantee amount paid by distributor for acquiring exhibition rights of a movie is not Royalty & TDS not deductible

October 5, 2021 2835 Views 0 comment Print

ACIT Vs Yashovardhan Tyagi (ITAT Delhi) Clause (v) of Explanation 2 to Section 9(1) consists of two different transactions, one inclusive another non-inclusive. The inclusive part consists of the transfer of all or any rights (including the granting of a licence) in respect of any copyright, literary, artistic or scientific work including films or video […]

Levy of service tax on TDS portion borne by appellant not sustainable

October 5, 2021 798 Views 0 comment Print

The issue to be decided is whether the levy of service tax on the TDS portion borne by the appellant is legal and proper. The issue stands decided by the order of the Tribunal in the appellant’s own case for a different period.

GST Compliance Calendar Oct 21 & important legal developments

October 5, 2021 3741 Views 0 comment Print

1. Circulars or Clarifications 1.1. Amount of CGST, SGST, or IGST wrongly paid for Intra-State or Inter-State shall be Refunded within 2 years, clarifies CBIC (Circular No. 162/18/2021-GST; Dated 25th Sep 2021) The refund under section 77 of CGST Act! Section 19 of IGST Act, 2017 can be claimed before the expiry of two years […]

A change of opinion cannot be the basis of reopening the completed assessment

October 5, 2021 2610 Views 0 comment Print

JRS Pharma and Gujarat Microwax Private Limited Vs DCIT (Gujarat High Court) Question of law: whether the revenue is justified in reopening the assessment for the year under consideration? Writ application filed before the Hon’ble HC of Gujrat challenging notice u/s 148 of the Income Tax Act, 1961 for reopening the assessment for AY 2013-14. […]

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