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Archive: October, 2021

Posts in October, 2021

Technical Glitch cannot be a reason for Non-Payment of GST Refund

October 28, 2021 4311 Views 0 comment Print

Nayara Energy Limited Vs Union of India (Gujarat High Court) On substantive part, there is no adjudication which is necessary as the respondent – authority agrees to credit the amount of Rs.50,88,42,582/- in account of the petitioner and sum of Rs.39,05,121/- in the account of the Consumer Welfare Fund by issuance of payment advice RFD-05. […]

RBI Governor: Auditing challenges in financial sector

October 28, 2021 2016 Views 1 comment Print

Address by Shri Shaktikanta Das, Governor, Reserve Bank of India at the National Academy of Audit and Accounts (NAAA), Shimla on October 25, 2021 is the motivation for this article. His speech is available in RBI website. Though I have covered major part of his speech, enough input on the necessity of audit, the procedure […]

Addition under section 69A unsustainable for cash deposited as facilitator

October 28, 2021 5535 Views 0 comment Print

Ashish Natvarlal Vashi Vs ITO (ITAT Surat) Conclusion- Cash deposited in bank was transferred to insurance company by way of insurance premium in the name of respective insurer – Assessee acted as facilitator and not the owner of the cash deposited in bank account – Addition not possible under section 69A. Facts- The assessee deposited […]

Investment/ trading in securities by employees and Board members of AMC(s) and Trustees of Mutual Funds

October 28, 2021 2523 Views 0 comment Print

Securities and Exchange Board of India CIRCULAR SEBI/HO/IMD/IMD-I DOF5/P/CIR/2021/654 October 28, 2021 All Mutual Funds All Asset Management Companies (AMCs) All Trustee Companies / Boards of Trustees of Mutual Funds Association of Mutual Funds in India (AMFI) Sir/ Madam, Subject: Investment/ trading in securities by employees and Board members of AMC(s) and Trustees of Mutual […]

Discretion lies with Confiscating Officer to either impose fine in lieu of confiscation or to order absolute confiscation

October 28, 2021 1602 Views 0 comment Print

Ferryman Trading Company Vs Commissioner of Customs (Appeals) (CESTAT Delhi) Absolute discretion of Customs Authority either to order absolute confiscation or impose fine in lieu of confiscation CESTAT Delhi held that the confiscating officer under section 125 of the Customs Act, 1962 has the absolute discretion to either impose fine in lieu of confiscation or […]

FAQs on Micro, Small and Medium Enterprises

October 28, 2021 3303 Views 0 comment Print

(Updated as on October 1, 2021) Q.1. What is the definition of MSME? Ans. In terms of Government of India Gazette Notification S.O. 2119 (E) dated June 26, 2020 the definition of micro, small and medium enterprises is as under: (i) A micro enterprise is an enterprise where the investment in plant and machinery or equipment […]

No interest expense disallowance when own fund exceeds capital work-in-progress

October 28, 2021 2376 Views 0 comment Print

As own fund of the assessee exceeds the amount of capital work in progress. A presumption can be drawn that the own fund is utilized in such capital work in progress. Therefore there cannot be any disallowance on account of interest expenses.

GST Value Added Services & Consulting Opportunities in absence of 9C

October 28, 2021 8016 Views 0 comment Print

Introduction: In this article, we will know, how in absence of 9C, unidentified key areas in GST consulting can be opened in the form of GST Value Added Services and GST Review. As 9C is set to become history, how one can open new doors of consulting and revenue generation in GST. “If opportunity doesn’t […]

TPO duty bound to determine ALP by following any one of prescribed methods

October 28, 2021 1956 Views 0 comment Print

Firemenich Aromatics Production (India) Pvt. Ltd. Vs ACIT (ITAT Mumbai) We find that IS charges were paid by the assessee for obtaining access to ERP software and for regular recurrent services and such charges were paid in earlier years also. In AY 2012-13, similar adjustment proposed by Ld. TPO was deleted by coordinate bench on […]

Advisory to file Form NFRA-2 Annual Return immediately

October 28, 2021 1443 Views 0 comment Print

 Advise to file Form NFRA-2 Annual Return for the reporting period 2018-2019 and also for the year ending 31/03/2020, immediately without any delay, if not filed already

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