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Archive: November, 2021

Posts in November, 2021

DGFT-Certificate of Origin/ COO – DSC Issue

November 13, 2021 54828 Views 2 comments Print

Certificate of Origin (COO): Certificate of Origin is issued to the exporters who are willing to export their products outside India and in order to verify the products, the exporter has to produce various documents before the authorities to prove that the product has been produced or manufactured in India. Issuing Authority of Certificate of […]

Income from investment in Trust by ADIA is exempt in terms of India-UAE DTAA

November 13, 2021 2058 Views 0 comment Print

ADIA files ROI in India disclosing income falling within the scope of section 5(2). However, in view of exemption available in terms of India-UAE DTAA, ADIA reports NIL taxable income. AAR denies the benefit of India-UAE DTAA benefit to ADIA in respect of income accruing on the investment made or proposed to be made by Green Maiden A 2013 Trust which was established by ADIA and ETL.

Writ maintainable Alternative Remedy available examining records, facts mis-match

November 13, 2021 1944 Views 0 comment Print

In present facts of the case, the Hon’ble High Court dismissed the writ petitions by observing that question of looking into the records, going into the facts and examining mismatch, this exercise can be done by the Appellate Authority only. Therefore, petitions shall avail alternative remedy.

Amount lying in stale draft account cannot be treated as income

November 13, 2021 969 Views 0 comment Print

The assessee has issued demand drafts to various persons and any unclaimed demand drafts is kept in stale draft account under the head ‘outstanding liabilities’. AO noticed that the amount of INR 18,42,40,053 was shown under the head ‘outstanding liabilities’. The opening balance of the said account was INR 13,97,32,235. Accordingly, differential amount of INR 44507818 is treated as income of the assessee.

Reassessment notice on account of change of opinion of AO quashed

November 13, 2021 2148 Views 0 comment Print

Assessment was sought to be reopened not on account of failure of assessee to disclose truly and fully all material facts that were necessary for computation of income but on account of change of opinion of AO about the manner of computation of the deduction under Section 57, therefore, the same was invalid.

Education Cess, not being capital & personal expenditure, is allowable as deduction U/s. 37

November 13, 2021 1743 Views 0 comment Print

Qualcomm India Pvt. Ltd. Vs Addl. CIT (ITAT Delhi) Facts- The assessee argued that education cess paid on Income Tax doesn’t come under the purview of the definition as it is levied on the amount of Income Tax but not on profits of business. Conclusion- Education Cess is not in the nature of capital expenditure, […]

Forwarding of documents immediately by ED to AA after order of freezing passed under PML Rules

November 13, 2021 4026 Views 0 comment Print

Since none of the other relevant material, which was the basis of the seizure under Section 17(1A) and the complaint under Section 17(4) of the PMLA were supplied to assessee, as the same were not even supplied by the ED to the AA. Thus, ED should forward a copy of the documents to the Adjudicating Authority immediately after a freezing order under PML Rule.

Corporate Social Responsibility (CSR) Amendment- Section 135

November 13, 2021 10659 Views 0 comment Print

CORPORATE SOCIAL RESPONSIBILITY AMENDMENT UTILIZATION OF UNSPENT AMOUNT ON CSR ACTIVITIES (OTHER THAN ONGOING PROJECTS) [SECTION 135(5)] Reason for not spending the amount ⇓ Transfer such unspent amount ⇓ To a fund specified in Schedule VII ⇓ Within 6 months ⇓ Of the expiry of the financial Year UTILIZATION OF UNSPENT AMOUNT ON CSR ACTIVITIES […]

Replication & Subsequent Pleadings Under Civil Procedure Code, 1908

November 12, 2021 191232 Views 1 comment Print

One crucial question is when does the pleading under Civil Procedure Code, 1908 (CPC) can be deemed to have been complete? Does filing of subsequent pleading after filing of Written Statement be permissible? Generally, Pleadings are completed when Defendant files its Written Statement (“WS”). However, the Order VIII Rule 9 permits the parties to file […]

Checklist for Voluntary Delisting of shares from Stock Exchanges

November 12, 2021 14094 Views 2 comments Print

Such delisting should not be pursuant to buyback of equity shares by the company or should not be pursuant to a preferential allotment made by the company unless a period of six months has elapsed from the date of completion of such buyback/ date of such allotment.

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