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Voluntary disclosure not releases assessee from mischief of penalty proceedings

March 1, 2021 1248 Views 0 comment Print

Madras HC ruling favors Revenue in tax case revision, remanding penalty consideration to Assessing Officer for fresh review. Full judgment analysis.

VAT TDS Credit Allowed Under GST Transitional Laws

February 26, 2021 15507 Views 0 comment Print

DMR Constructions Vs. Assistant Commissioner, Commercial Tax Department (Madras High Court) Issue Involved: 1. There was Accumulated credit of TDS under TNVAT Act and the same has also been permitted to carry forward the same from year to year. 2. The petitioners sought transition of the accumulated TDS into their respective accounts for set off […]

Non-Payment of GST – ITC availed by Buyer- HC Quashes notice to Buyer as seller not questioned

February 24, 2021 72891 Views 0 comment Print

D.Y. Beathel Enterprises Vs State Tax Officer (Data Cell) (Madras High Court) Section 16 of CGST Act, 2017 provides that Input Tax Credit (ITC) could be availed by the buyer if GST is paid by the seller. Thus, in case of non-payment of GST, who should be questioned, the seller or the buyer? It can […]

Candidature cannot be rejected by making employees undergo a test without wearing glasses

February 15, 2021 1929 Views 0 comment Print

The State of Tamil Nadu Vs M. Salai Gayathri (Madras High Court) The issue involved in these batch of Writ Appeals lies in a narrow compass viz., Is a person, who could only perform a regular function by wearing glasses would become disentitle to a post he can otherwise perform, by making an assessment qua […]

Budget 2021 – 20 GST Finer Points

February 2, 2021 16350 Views 0 comment Print

1. Section 7 – Scope of Supply Schedule II Activities to be treated as Supply of Goods or Supply of Services Supply of Goods or Services provided by any Association or any person other than an individual to its members for consideration will be considered as supply and person or Association shall be treated as […]

Budget 2021 – 24 Direct Tax Finer Points 

February 1, 2021 4686 Views 0 comment Print

1. Capping of PF contribution limit to 2.50 lacs Instances have come to the notice where some employees are contributing huge amounts to these funds and entire interest accrued/received on such contributions is exempt from tax under clause (11) and clause (12) of section 10 of the Act. This exemption without any threshold benefits only […]

Rule 10B | Transfer Pricing | Adjustment to eliminate differences in accounting policies

January 16, 2021 4872 Views 0 comment Print

PCIT Vs Novell Software Development (India) Pvt. Ltd. (Karnataka High Court) Facts:  1. Taxpayer, a captive software development and support service provider, is subsidiary of Novell Inc US. The taxpayer provided software development and support services to its US Associated Enterprise and adopted Transactional Net Margin Method. 2. The taxpayer was providing depreciation as per […]

Salary refunded to Comply with Company Law cannot be taxed

November 4, 2020 1485 Views 0 comment Print

DCIT Vs Rajamannar Thennati (ITAT Ahmedabad) The assessee was employed with Sun Pharma Advance Research Co. Ltd. as whole time director of the company with maximum salary of Rs. 3.5 crores as per the resolution passed in the annual general meeting of the company dated 31st July, 2012. Since there was limit for payment of […]

25 Important Income Tax changes applicable from 01.04.2020

May 16, 2020 6954 Views 0 comment Print

25 Important Income Tax (Direct Tax) changes applicable from 1st April 2020 onwards (Financial Year 2020-21 – Assessment Year 2021-22) 1. New Tax Regime applicable to Individuals, HUFs: A new concessional/ alternate tax regime under Section 115BAC of the Income Tax Act,1961 has been laid out wherein SIX different slab rates have been prescribed subject […]

4th tranche of announcements on 16th May 2020 made by FM

May 16, 2020 840 Views 0 comment Print

Series of Announcements are being made by the Govt after farmers, fisheries, animal husbandry and allied activities relief package on 15th May 2020 https://taxguru.in/income-tax/fm-nirmala-sitaraman-jis-3rd-tranche-announcements-15th-2020.html Series of Announcements are being made by the Govt after Urban poor, Migrant Workers, Self employed persons relief package on 14th May 2020 Series of Announcements are being made by the […]

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