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HC directs PCIT to correct apparent mistake in Form-3 of Vivad Se Vishwas

February 15, 2021 1905 Views 0 comment Print

The petition impugns the Certificate dated 9th January, 2021 issued by the respondent in Form-3, under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020, vide Acknowledgment No.158235220090121, to the extent the same treats the case of the petitioner as a search case.

Service Tax: No penalty in absence of allegation of fraud, mis-representation, etc.

February 15, 2021 2781 Views 0 comment Print

In order to attract Section 78, it is necessary that tax must have remained unpaid for the reasons of fraud or collusion or wilful mis-statement or suppression of facts, etc, with an intention to evade payment of tax.

Reopening after expiry of four years is invalid if no failure of assessee related to true & full disclosure

February 15, 2021 1215 Views 0 comment Print

Nike India Private Limited Vs ACIT (ITAT Bangalore) It is imperative on the part of the A.O. to show that there was failure on the part of the assessee to disclose fully and truly all material facts relating to the assessment. Admittedly, no such allegation has been made by the A.O. in the reasons for […]

Bad debts allowable once written off in Books; No requirement to show that it become really bad

February 15, 2021 2340 Views 0 comment Print

Vascular Concepts Limited Vs DCIT (ITAT Bangalore) For these assessment years as well, the Revenue has not established that conditions stipulated u/s 36(2) of the I.T.Act was not fulfilled with respect to any of the debts which were written off by the assessee during the previous years. Under these circumstances, we are of the view […]

New Functionalities on GST Portal (January, 2021)

February 13, 2021 5958 Views 0 comment Print

New Functionalities made available for Taxpayers on GST Portal (January, 2021) 1 – Registration 1. Deemed approval of Registration Application in Form GST REG-01 In terms of Notification No 94/2020-CT, dated 22nd December, 2020, all applications for fresh registration will get deemed approved in 7 working days, instead of 3 working days (as was earlier) […]

Central Government Employees Group Insurance Scheme-1980 – Tables of Benefits for savings fund for the period from 01.01.2021 to 31.03.2021

February 13, 2021 4869 Views 0 comment Print

The Tables of Benefits for Savings Fund to the beneficiaries under the Central Government Employees Group Insurance Scheme-1980, which are being issued on a quarterly basis from 01.01.2017 onwards, as brought out in this Ministry’s OM of even number dated 17.03.2017, for the quarter from 01.01.2021 to 31.03.2021, as worked out by IRDA based on the interest rate of 7.1% per annum (compounded quarterly) as notified by the Department of Economic Affairs as per their Resolution No. 5(2)-B(PD)/2020 dated 06.01.2021, are enclosed.

Tribunals Reforms (Rationalisation & Conditions of Service) Bill, 2021

February 13, 2021 3636 Views 0 comment Print

AS INTRODUCED IN LOK SABHA Bill No. 19 of 2021 THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) BILL, 2021 A BILL further to amend the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, […]

No Section 40(a)(ia) disallowance if Expense was not claimed

February 13, 2021 1896 Views 0 comment Print

ACIT Vs Parag Fans & Cooling System Pvt. Ltd (ITAT Indore) Disallowance was made for the alleged non deduction of tax at source on the alleged amount of interest of Rs.25,95,609/-. We find that the assessee has not shown expenditure of Rs.25,95,609/- in its Profit &Loss account. Since no such expenditure has been claimed by […]

TNMM is best Method to benchmark international transactions with AE

February 13, 2021 1470 Views 0 comment Print

DCIT Vs Knorr Bremse India Pvt. Ltd. (ITAT Delhi) TNMM is the Most Appropriate Method to benchmark the international transactions entered into by the taxpayer with its AE qua professional consultancy services (information technology) and fee for management support services but TPO, for the reasons best known to him and to our mind to generate […]

3 Arrested In case of Issuing Fake GST Invoices of Rs. 81 Crores

February 13, 2021 6078 Views 0 comment Print

. The modus operandi Inter alia involved creating of fake firms and generating of fake/bogus invoices through them, and passing of inadmissible Input Tax Credit on the strength of such fake/bog us invoices, without actual supply of goods.

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