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Archive: 17 December 2021

Posts in 17 December 2021

GST on supply of restaurant service through e-commerce operators

December 17, 2021 22944 Views 0 comment Print

As ‘restaurant service’ has been notified under section 9(5) of the CGST Act, 2017, the ECO shall be liable to pay GST on restaurant services provided, with effect from the 1st January, 2022, through ECO. Accordingly, the ECOs will no longer be required to collect TCS and file GSTR 8 in respect of restaurant services on which it pays tax in terms of section 9(5).

Annual Information Statement – Insurance commission

December 17, 2021 2748 Views 0 comment Print

The taxpayer under Income Tax would by now generally be aware of Form 26AS. But now the taxpayer needs to be aware and educate themselves about the newly introduced ‘Annual Information Statement’. Recently, the Income Tax Department came up with the Annual Information Statement. Simply putting up, the Annual Information Statement can be said to […]

Overview of Foreign Exchange Management (Non-Debt Instruments) Rules, 2019

December 17, 2021 43239 Views 1 comment Print

Foreign Exchange Management Act, 1999 (FEMA) which was enacted by the Parliament has substituted the Foreign Exchange Regulations Act, 1973. FEMA came into effect on 1st June, 2000. The importance of foreign exchange reserves was felt by the Exchange Control of India in the year 1939 as there was a huge shortage of it

ITAT allows section 11 exemption to Indian Youth Centre Trust

December 17, 2021 912 Views 0 comment Print

ITO Vs Indian Youth Centre Trust (ITAT Delhi) The assessee company is a trust registered u/s 12A of the Act and is also registered u/s 80G(5)(vi). The return filed by the assessee trust was subjected to the scrutiny assessment. In the course of the scrutiny assessment the Assessing Officer took a view that the receipts […]

Section 40A(2) disallowances on mere conjectures & surmises not sustainable

December 17, 2021 2922 Views 0 comment Print

Sh. Chander Mohan Lall Vs ACIT (ITAT Delhi) A plain reading of section 40A(2) of the Act would make it clear that where the payment made to a related party, in the opinion of the Assessing Officer, is excessive or unreasonable having regard to the fair market value of the goods, services or facilities for […]

Severance pay received for loss of job was to be treated as capital receipt

December 17, 2021 23064 Views 0 comment Print

Assessee was paid severance pay due to loss of employment and the receipt of severance pay though the nomenclature was not mentioned as ex-gratia but took the character of a capital receipt and the payment was made voluntary by the employer for loss of employment and such capital receipt was not taxable in the hands of the assessee.

HC quashes Notice for Reopening of Assessment as reason for reopening not state that there was any failure on the part of petitioner

December 17, 2021 1965 Views 0 comment Print

Coca-Cola India Private Limited Vs DCIT (Bombay High Court) Revenue relied upon a Bombay HC judgment in Crompton Greaves Ltd. V/s. ACIT to submit that even if the reason for reopening does not specifically state that there was any failure on the part of petitioner to disclose fully and truly all material facts necessary for […]

Interest on amount borrowed for buying machinery allowable despite non-actual use in business

December 17, 2021 1182 Views 0 comment Print

CIT Vs Maharashtra Hybrid Seeds Co. Ltd. (Bombay High Court) The Bombay High Court allowed the deduction on interest paid on the amount borrowed for the purpose of machinery even if machinery is not actually used in business. The revenue has raised the issue Whether on the facts and circumstances of the case and in […]

License for Food Processing Units

December 17, 2021 1572 Views 2 comments Print

FOOD PROCESSING UNITS The Food processing is method of converting the agricultural items into food, or of one type of food into different structures. Food handling incorporates many types of handling food varieties, from crushing grain to make crude flour to home cooking to complex modern strategies used to make comfort food varieties. Essential food handling […]

eForm SH-11 | Return in respect of buy-back of Securities

December 17, 2021 14376 Views 0 comment Print

eForm SH-11 is required to be filed pursuant to Section 68(10) of the Companies Act 2013 and pursuant to rule 17(13) of the Companies (Share Capital and Debentures) Rules, 2014

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