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Lease rentals from use & occupation of a cold storage unit is ‘Operational Debt’ u/s 5(21) of IBC 2016

October 17, 2020 1377 Views 0 comment Print

Lease rentals arising out of use and occupation of a cold storage unit which was for Commercial Purpose was an ‘Operational Debt’ as envisaged under Section 5 (21) of the Code.

AO bound to refer to TPO for computation of ALP of international transactions

October 17, 2020 8076 Views 0 comment Print

Bank of India Vs JCIT (ITAT Mumbai) Conclusion: PCIT rightly directed Bank of India’s case to TPO for determination of arm’s length price (ALP) in relation to international transactions and specified domestic transactions under revision proceedings as it was binding on AO as per the CBDT Circular in force at that point of time under […]

GSTR 2A: What you must know with FAQs

October 16, 2020 106779 Views 10 comments Print

Form GSTR-2A is a system generated Statement of Inward Supplies for a recipient. Form GSTR-2A will be generated in below scenarios: When the supplier uploads the B2B transaction details in their Form GSTR-1 / 5

No TDS u/s 194I on Payment for Acquisition of Leasehold Rights over Immovable Property

October 16, 2020 22779 Views 0 comment Print

The issue under consideration is whether payment for the acquisition of leasehold rights over immovable property is rental income and hence eligible for TDS u/s 194I ?

HC dismissed WP Filed against Credit Rating Agency as it is Private Body & Not ‘State’ as per Constitution

October 16, 2020 1785 Views 0 comment Print

The issue under consideration is whether the writ petition filed against credit rating agency by stating that they are not authorised to discharge “Public Functions” as it is not characterised as ‘State ‘ will be sustain in law?

Income for Sale of Specialized Software Maintenance & Support Services is Not a Royalty

October 16, 2020 1479 Views 0 comment Print

The issue under consideration is whether the Income received for sale of specialized software and maintenance and support services is considered as ‘Royalty’ as per India-Finland Tax Treaty?

No Section 194I TDS on Rent if Accommodation Services taken on Casual Basis

October 16, 2020 53052 Views 0 comment Print

The issue under consideration is whether the TDS u/s 194I is applicable on the rent if the accommodation services were taken on a casual basis?

No TDS u/s 195 levied on Placement Services since it is Not Covered under Technical Service

October 16, 2020 7638 Views 0 comment Print

The issue under consideration is whether the Payment towards placement services is covered under technical service and TDS u/s 195 is applicable on the same?

Non-utilization of share premium according to section 78(2) of Companies Act could not be taxed under Income Tax Act

October 16, 2020 5412 Views 0 comment Print

ITO Vs New Era Advisors P. Ltd. (ITAT Mumbai) Conclusion: Even if amount received in form of huge share premium was not utilized for the purpose of  section 78(2) of the Companies Act, 1956, the same would not have any relevance for the purpose of Income Tax Act, 1961. Further, while the utilization of premium […]

Tax planning and managing the House Property

October 16, 2020 17168 Views 0 comment Print

The direct tax proposals of budget 2014 have been tax friendly. It is also worth noting that budget proposals have received the assent of President and now it is law of land under Indian Income Tax Act. It provides for tax advantage in the form of increased basic exemption limit for individuals by Rs.50K.

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