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Archive: 11 January 2022

Posts in 11 January 2022

Meaning of expression ‘substantial part of business’ for Section 2(22)(e)

January 11, 2022 3951 Views 0 comment Print

The meaning of the expression ‘substantial part of business’ for the purpose of Section 2(22)(e) Introduction Section 2(22)(e) of the Income Tax Act, 1961 will not be attracted if the company making the payment by way of loans or advances, have made such payment in the ordinary course of its business and lending of money […]

Inter-Corporate Deposit cannot be treated as loan for Section 2(22)(e)

January 11, 2022 52089 Views 0 comment Print

The Inter-Corporate Deposit does not fall within the ambit of the expression ‘loan’ specified in Section 2(22)(e) of the Income Tax Act, 1961 for the purpose of treating it as deemed dividend.

CENVAT Credit on GTA Services | Place of Removal | Bata India | CESTAT Remanded Issue back to AO

January 11, 2022 1389 Views 0 comment Print

Bata India Limited Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai) Learned Advocate for the appellant would submit that the Adjudicating Authority has mis-directed in denying the CENVAT Credit and that the Commissioner has not appreciated the facts of the case properly nor has she examined the facts of the case from the perspective […]

Annual Information Statement – Credit/ debit card

January 11, 2022 2418 Views 0 comment Print

‘Annual Information Statement’ is a comprehensive statement covering details of all the financial transactions undertaken by the taxpayer in a particular Financial Year. On the other hand, ‘Taxpayers Information Summary’ is a simplified/ summarized statement covering all the details as briefed under ‘Annual Information Statement’. Due to the new introduction, it is necessary to understand […]

Using police database for obtaining information in circumstances where use is expressly forbidden is a crime

January 11, 2022 843 Views 0 comment Print

Van Buren Vs United States (Supreme Court of United States) Facts- The main issue involved is unauthorized access of computer under the Computer Fraud and Abuse Act, 86 by a police sergeant. As alleged, the police sergeant used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate […]

Order denying DTAA benefit must contain reasoning or discussion for such denial

January 11, 2022 1266 Views 0 comment Print

Coursera Inc Vs ITO (Delhi High Court) The Petitioner in its application for certificate under section 197 dated 23.09.2021 describes itself as an e-platform operator. In the later part of the same application the petitioner claims itself to be a university for the purposes of article 12(5)(c) of the DTAA between India and United States […]

No GST on employee transport recovery: AAR, Maharashtra

January 11, 2022 5595 Views 0 comment Print

Applicability of GST on employee recovery has always been under debate. Under service tax regime, companies were paying service tax on recovery from employees and same practice has been continuing under GST regime also. Very recently i.e. on 16th December 2021, the Maharashtra bench of Advance Ruling Authority (AAR) in the case of M/s Integrated […]

Due Date Extension Case- Extension denied, HC directs UOI to attend technical glitches on Portal – Penalty interest Issues considerable at Assessment Stage

January 11, 2022 14580 Views 1 comment Print

Chartered Accountants Association, Surat Vs. Union Of India (Gujarat High Court)  HC refuses to Extend Due date of Filing The Tax Audit Report Mr. Poddar, the learned counsel made a request that the deadline of 15.01.2022 for the purpose of filing the audit report may be extended to 15.02.2022. We are not inclined to go […]

Documents Required for Digital Signature Certificate (DSC)

January 11, 2022 10368 Views 0 comment Print

DSC documents requirement is mainly classified into three categories, which are as follow: – For an Individual – For an Organization -For Foreign National 1. The following documents are required for all classes 2 and 3 and Server Certificates for an individual: – Nowadays, if you have a valid Aadhar card as well as Pan […]

ITAT disallows 7% of the alleged bogus purchase

January 11, 2022 2295 Views 0 comment Print

ACIT Vs Armee Infotech (ITAT Ahmedabad) In the case of Gujarat Ambuja (supra), the AO disallowed 25% of the bogus purchase, which has been reduced to 5% at the level of ITAT. This decision of the ITAT was challenged before the Hon’ble Gujarat High Court, the Hon’ble Court did not interfere in the finding of […]

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