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Archive: November, 2021

Posts in November, 2021

Why what and how of ITR ? read to know!

November 17, 2021 10044 Views 1 comment Print

It is often seen that ITR is a confusing concept. To begin with, ITR is an abbreviation for Income Tax Return. It is a form that an employee files for information about his/her income and tax. Every citizen in India is liable to pay a specific amount of tax. State and federal governments have amended […]

GST Rate Analysis Ice-cream parlours supplying manufactured ice creams

November 17, 2021 5898 Views 0 comment Print

Takeaway from 45th GST Council meeting (Ice-cream parlours supplying manufactured ice creams) Recently in the 45th GST council meeting, it has been recommended that “Ice-cream parlours supplying manufactured ice-creams will be taxed @ 18% GST”. Further, the Circular issued pursuant to the above meeting clarified that where ice cream parlours sell already manufactured ice cream and […]

Separate GST registration not required for selling goods directly from port of import before clearing it for home consumption

November 17, 2021 4386 Views 0 comment Print

Maharashtra Authority for Advance Ruling (MAAR) held that in a case where imported goods are sold and delivered directly from Container Freight Station (CFS) / Direct Port Delivery (DPD) to a state different from the state where assessee is registered, the assessee need not take a separate registration in that state.

Section 271(1)(c) penalty not sustainable if notice not specifies limb for levy of penalty

November 17, 2021 4620 Views 0 comment Print

It is a settled position of law that if notice under section 274 read with 271(1)(c) is not specific about the charge or limb under which penalty is being levied under section 271(1)(c) of the Act, then any penalty levied on the basis of such notice is bad in law and liable to be deleted.

Jurisdiction & power of NCLT in the light of SC judgment

November 17, 2021 21648 Views 0 comment Print

Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the National Company Law Tribunal in a proceeding under the Insolvency and Bankruptcy Code, 2016 , ignoring the availability of a statutory remedy of appeal to the National Company Law Appellate Tribunal and if so, under what circumstances?

Formations of Charitable Entities In India

November 17, 2021 9129 Views 1 comment Print

—”The term ‘charity’ connotes altruism in both thinking and deed. It entails thinking about others rather than oneself.” In the matter of Andhra Chamber of Commerce [1965] 55 ITR 722 (SC), the Supreme Court ruled that. INTRODUCTION It is vital to understand the concept of Charitable Purpose. Section 2(15) of the Income Tax Act 19611, […]

Pass Reasoned order against accused taxpayer involved in passing on fake ITC: HC

November 17, 2021 1611 Views 0 comment Print

HC held that in a case where assessee is accused of passing on fake Input Tax Credit (ITC) without actual moment of goods, a reasoned order must be passed by Joint Commissioner of State Tax, after acknowledging all the relevant material and contentions that the assessee may produce to satisfy the authorities.

CESTAT Quashed Service tax demand on movie exhibitor under BSS category

November 17, 2021 1806 Views 0 comment Print

Hyderabad CESTAT held that service of providing exhibition of movies by the exhibitor to the producers/distributors of such movies is not a support or assistance activity but is an activity on its own accord, therefore does not fall under the category of Business Support Service (BSS) as per Section 73(1A) of the Finance Act, 1994 (the Finance Act).

HC dismisses Plea of assessee to quash ED Summons in Money Laundering Case

November 17, 2021 2394 Views 0 comment Print

The plea by assessee to quash Enforcement Directorate summons in a money laundering case was quashed as assessee had failed to make out a case for interference for the invocation of 226 of the Constitution and 482 of Cr.P.C.

ITAT restores issue of Eligibility to claim depreciation on goodwill to AO

November 17, 2021 1743 Views 0 comment Print

Since excess amount paid over and above the net asset value on acquiring a business concern should constitute goodwill however, eligibility of assessee to claim depreciation on Goodwill to AO was restored after affording adequate opportunity of hearing.

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