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Service Tax on salary paid to ‘secondee’, to parent company under RCM

December 10, 2020 1299 Views 0 comment Print

M/s  Nektar Therapeutics (India) Pvt Ltd vs Commissioner of Customs, Central Excise & Service Tax (CESTAT Hyderabad) The short issue, therefore, arising for our consideration is whether the reimbursement of salary paid to the ‘secondee’, to the parent company, Nektar USA amounted consideration for provision of manpower recruitment and supply agency services, within the meaning […]

Guidelines on Standard Personal Accident product

December 9, 2020 942 Views 0 comment Print

In order to make available a standard Personal Accident product with common coverage and policy wordings across the industry, an exposure draft on Guidelines on Standard Personal Accident product along with Standard terms and conditions (Annexure -1), Customer Information Sheet (Annexure- 2) and Use and File format (Annexure-3)  is issued and attached herewith.

e-Voting Facility Provided by Listed Entities

December 9, 2020 3144 Views 0 comment Print

Currently, there are multiple e-voting service providers (ESPs) providing e-voting facility to listed entities in India. This necessitates registration on various ESPs and maintenance of multiple user IDs and passwords by the shareholders.

Accepting assignment as IRP after 31.12.2019 without valid AFA- Reg.

December 8, 2020 981 Views 0 comment Print

In the present matter it is observed that, Mr. Sawhney had provided his consent to accept the assignment in Form-2 on 05.04.2019 prior to the amendment made to IP regulation for acceptance of assignment in matter CIRP of MLP Developers & Promoters Private Limited before 31.12.2020. However, it is observed that the date of commencement […]

When TPO proposes additions to assessee’s ALP, AO is duty bound to pass a draft assessment order

December 8, 2020 2157 Views 0 comment Print

DCIT Vs Tally Solutions Pvt.Ltd. (ITAT Bangalore) Hon’ble Supreme Court in the case of DCIT v. Control Risks India (P.) Ltd. reported in 107 taxmann.com 83, had held that when TPO proposes additions to assessee’s ALP, the AO is duty bound to pass a draft assessment order. It was held by the Hon’ble Supreme Court […]

Maintenance of records under IRDAI (Minimum Information Required for Investigation and Inspection) Regulations 2020

December 8, 2020 4284 Views 0 comment Print

The Authority has notified IRDAI (Minimum Information Required for Investigation and Inspection) Regulations 2020 in the official gazette on 23rd November 2020. These regulations will come into force after 6 months from the date of notification i.e., from 23rd May 2021.

Penalty cannot be imposed for merely treating capital asset as Agricultural Land

December 8, 2020 1347 Views 0 comment Print

Shri Babuji Jacob Vs ITO (Madras High Court) Admittedly, all the amounts were received by the assessee through banking channels and he had mentioned about the same in his return of income. The only mistake done by the assessee was to treat both the lands as agricultural lands. Once the notice under Section 143(3) of […]

Search justified on failure of Assessee to furnish details of contents of locker

December 7, 2020 1716 Views 0 comment Print

Shilpa Chowdhary Vs Principal Director of Income Tax (Investigation) (Delhi High Court); It is it is revealed that Mr. Vikas Chowdhary denied having any bank locker. Shilpa Chowdhary, while admitting the existence of the locker, did not give any information relating to its contents. Therefore, there was indeed material with the concerned authority to form […]

Weekly newsletter from Chairman, CBIC dated 07/12/2020

December 7, 2020 1029 Views 0 comment Print

The DGGI has been spear heading the anti-evasion campaign for almost a month now. During this time, the agency along with the GST Zones have booked about 1230 cases, unearthing 3778 fake GSTINs and arresting about 114 fraudsters. The total amount of fake ITC/GST detected stands at Rs. 11,520 crore of which Rs 336.03 crore has already been recovered.

Bogus Iron & steel Purchase : ITAT restricts addition to 4%

December 6, 2020 2799 Views 0 comment Print

M/s Pavapuri Metals & Tubes Vs ITO (ITAT Mumbai) It is not in dispute that sales have been accepted as genuine from out of these purchases. When the sales have been accepted as genuine the entire purchases cannot be treated as non-genuine. The Hon’ble Gujarat High Court in the case of Bholanath Polyfab Pvt. Ltd […]

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