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17 Income Tax related measures Suggested for Relief during Covid 19

April 16, 2021 5955 Views 1 comment Print

With the increased transmissibility, morbidity, mortality of the emerging P2 Corona Variant and its ability to evade detection by diagnostic tests and decreased susceptibility to antiviral drugs, this new variant has taken everyone with a major surprise and setback. The so-called night curfews are a kind of mini lockdowns impending to be major lockdown if […]

IEC Linking on DGFT Portal by 30.06.2021

April 15, 2021 24639 Views 4 comments Print

All persons holding IEC code who are involved in carrying on business activities which involves cross border transactions are advised to link IEC code before 30/06/2021. IEC code is an important business identification number which is mandatory for Exports or Imports of goods. No person shall make any import or export except under an IEC […]

US Department of Treasury released President Biden’s Made in America Tax Plan

April 13, 2021 864 Views 0 comment Print

As per the tax plan, following are the flaws in the current tax system: (i) Evidence following the 2017 corporate rate cut from 35 percent to 21 percent, however, did not show an increase in investment or economic growth from trend levels. (ii) The share of federal revenue raised by the corporate tax has fallen […]

Expense cannot be disallowed merely for non-production of vouchers by employees

April 13, 2021 6675 Views 0 comment Print

Hero Motocorp Ltd Vs ACIT (ITAT Delhi) FULL TEXT OF THE ORDER OF ITAT DELHI Regarding Ground No. 16 relating to disallowance of reimbursement of foreign travelling expenses to directors/employees amounting to 7.38 crores, the Ld. AR submitted that the disallowance was made on the ground of non-submission of evidence/proof of actual expenses incurred by employees. […]

ITAT grants stay on demands of Rs. 3786 Cr on account of DDT

April 12, 2021 2079 Views 0 comment Print

Grasim Industries Limited Vs DCIT (ITAT Mumbai) By way of this stay application, the assessee applicant has sought a stay on collection/ recovery of tax and interest demands aggregating to Rs 3,786.34 crores in respect of the dividend distribution tax (DDT), and interest thereon, under section 115O/115Q r.w.s. 2(22)(a) of the Income Tax Act, 1961, on, what […]

HC Stays Show Cause Notice under Custom Act; Follows SC Judgment in Canon India

April 12, 2021 1617 Views 0 comment Print

Gopal Gupta Vs Principal Additional Director General (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. By this petition, the petitioner challenges the Show Cause Notice dated 26th September, 2019 issued to the petitioner subsequent to the arrest, search and seizure dated 24th April, 2019 and 25th April, 2019 as also […]

GST department withdraws summon issued without application of mind

April 12, 2021 2739 Views 0 comment Print

Delhi HC stays indiscriminate CGST North Delhi Commissionerate summons in Ankit Bindal’s case. The summons are withdrawn on 12/04/2021, setting a precedent against arbitrary summons.

Section 41(1) cannot be applied to bogus & non-existent liability

April 9, 2021 3945 Views 0 comment Print

No addition can be made to the income of the assessee in this asst. years, as in the view of the AO the outstanding liability in question is bogus and non-existent. The question of cessation of such non-existent as bogus liability does not arise. Hence, Sec. 41(1) cannot be applied. Only when there is a genuine liability and there is cessation of such liability or it is written off in the books of account, then Sec. 41(1) of the Act can be applied.

Singapore Entity can carry forward short-term capital losses

April 9, 2021 5061 Views 0 comment Print

The provisions of the DTAA cannot be thrusted upon the Assessee simply because the Assessee is a tax resident of a country with which India has entered into a tax treaty or on account of the mere perception of the AO that the Assessee may claim benefits under the tax treaty in subsequent years. 2. Short term losses should be eligible to be carried forward.

CST Assessment without giving sufficient opportunity is invalid; HC imposes Cost

April 9, 2021 1287 Views 0 comment Print

Spacewood Furnishers Pvt. Ltd. State of Telangana (Telangana High Court) In the last one year, we have noticed at least 200 cases where the Assessing Officer under the CST Act has not issued show cause notice or if they issued notice, they have not considered the response of the assessees, and mechanically confirmed the demand […]

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