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Date of Award is Date of Accrual of Gains under Section 45 in case of Compulsory Acquisition

September 2, 2020 1299 Views 0 comment Print

The issue under consideration is whether the High Court was right in taking the date of award as the date of accrual of capital gains for the purpose of Section 45 of the Act of 1961?

Consider new claims of Assessee made before Appellate Authorities without revising Return: ITAT directs AO

September 2, 2020 765 Views 0 comment Print

The issue under consideration is whether the assessee is seeking change in Income Tax Return by way of raising additional grounds of appeal in front of the tribunal and not filing Revised return will be entertained by the Tribunal?

Six AYs Counted from Date of Handing over of Assets/Documents to AO for Section 153C Assessments

September 2, 2020 1632 Views 0 comment Print

whether Assessment year in respect of proceedings u/s 153C of the Act to be same 6 years in the case of other person, for which the proceedings u/s 153A is initiated in the case of connected searched person?

Section 153C Assessment order in the Name of Non Existing Entity is Invalid

September 2, 2020 819 Views 0 comment Print

The issue under consideration is whether Assessemnt order u/s 153C issued in the name of Amalgamated Company will be considered as valid?

New GST functionalities for TCS & Composition taxpayers

September 1, 2020 3711 Views 0 comment Print

New functionalities made available for TCS and Composition taxpayers 1.Provision to make amendment, multiple times, in Table 4 of Form GSTR-8 ♣ Earlier, if no action was taken on TCS details, auto-populated in TDS/TCS credit form, by the supplier or if the same were rejected by them in the said form, the TCS (e-commerce operators) […]

Submit Statement of Financial Transactions (SFT) in Form 61A

September 1, 2020 361785 Views 26 comments Print

Legal Framework- Section 285BA- Obligation to furnish Statement of Financial Transactions (SFT). Rule 114E – Furnishing of Statement of Financial Transactions in Form 61A. Form 61A – Format and Instructions

Refund of ACD on Import cannot be Rejected Merely for Missing Model Number in Sale Invoice

September 1, 2020 999 Views 0 comment Print

The issue under consideration is whether the rejection of refund of additional custom duty merely because the model number is missing in sale invoice is justified in law?

Depreciation on leasing? An ageing puzzle

September 1, 2020 40356 Views 3 comments Print

A finance lease is essentially a financing arrangement whereby the lessee assumed the ownership of the asset in as much as it is the borrower who chooses the property to be purchased, takes delivery, enjoys the use of occupation of the property, bears the wear and tear and takes the risk of loss or damage.The decision of the Tribunal could well prove to be a turning point insofar as the claim of depreciation in a finance lease in concerned. Though the decision of Tribunal is not the last word on the question of law; nevertheless the ruling could take away the heat from long drawn debate over availability of depreciation in a finance lease.

Daughters can be Karta of HUF & have same rights & liabilities as sons

September 1, 2020 24490 Views 4 comments Print

A Hindu Undivided Family (HUF) is known as a Joint Hindu Family under the Hindu Law. It comprises all persons lineally descended from a common ancestor and living under a common roof and joint in estate, food and worship. Yet, an HUF can exist without holding any property. There are two schools of law governing HUF in India: Mitakshara and Dayabhaga. West Bengal is the only state in India which follows the Dayabhaga school of law.

CBIC further extends Due date of GST compliance to 30.11.2020

September 1, 2020 12777 Views 3 comments Print

Notification No. 65/2020 – Central Tax dated 01.09.2020 Seeks to extend due date of compliance by any authority which falls during the period from 20.03.2020 to 29.11.2020 till 30.11.2020. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) Notification No. 65/2020–Central Tax New Delhi, the 1st September, 2020 G.S.R. 542(E).—In exercise […]

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