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GST: Penalty equal to tax amount cannot be imposed for Section 122(xiv) Breach

January 7, 2021 5280 Views 0 comment Print

Gopikrishna Infrastructure Pvt. Ltd. Vs State of Tripura (Tripura High Court) Mr. Majumder, learned counsel has contended that there is no fraudulent intention or malafide act indulged by the petitioner. It was a lapse under very abnormal circumstances of lockdown and that aspect of the matter has not been considered at all. Moreover, Mr. Majumder […]

In absence of PE Training charges cannot be taxed as Business Income under DTAA with Sweden

January 6, 2021 1644 Views 0 comment Print

Explore the tax implications as Sandvik AB challenges the characterization of Training fees, testing DTAA provisions, and its application in the ITAT Pune decision.

Registration of Trust cannot be cancelled for non-filing of I.T. return due to misdeeds of ex-president

January 6, 2021 2157 Views 0 comment Print

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur) ITAT observed that due to the negligence or cheating of past executive members and bad intention of misappropriation of funds by ex-president, they had not maintained the books of accounts and get their accounts audited by a chartered accountant. But after change of management and involvement of […]

Section 12A: Cancellation of trust registration with retrospective effect is invalid

January 6, 2021 5460 Views 0 comment Print

Wholesale Cloth Merchant Association Vs PCIT (ITAT Jaipur) We are of the opinion that in the present case the ld. Pr. CIT(C) has found or made allegation or objection of diversion or mis appropriations of funds and not filling the Audit report and ITR, if any only in A.Y. 2014-15 to 2016-17 & not in […]

SEBI advisory on Refund of security deposit on surrender of membership

January 6, 2021 981 Views 0 comment Print

Following is advised to all exchanges regarding refund of security deposit on surrender of membership by Trading Members: A. On approval of application for surrender of Trading Member’s registration by SEBI, the Exchange shall release Security Deposit of the Trading Member (engaged in trading on behalf of clients) after the period mentioned at point a) or b), whichever is earlier:

Clause (vii) of Notification No. 30/97-Customs cannot be read in isolation

January 6, 2021 717 Views 0 comment Print

Commissioner Of Customs Vs Motorola India Limited (Karnataka High Court) The tribunal on the basis of advance licences issued to the respondent and the standard input output norms has recorded a finding that the respondent was allowed to import 2% in excess to provide for the wastage. It is also pertinent to mention here that […]

Depreciation eligible on Bus Terminal constructed on BOT basis

January 5, 2021 717 Views 0 comment Print

JCIT (OSD) Vs Rohan and Rajdeep Infrastructure Pvt. Ltd. (ITAT Pune) Assessee incurred expenditure in constructing Amritsar Bus Terminal on BOT basis and to recoup the said investment, the assessee was allowed to collect add a fees from the users of the said bus terminal. In our view, the said right is business or commercial […]

Introduction of Legal Entity Identifier for Large Value Transactions

January 5, 2021 1482 Views 0 comment Print

The Legal Entity Identifier (LEI) is a 20-digit number used to uniquely identify parties to financial transactions worldwide. It was conceived as a key measure to improve the quality and accuracy of financial data systems for better risk management post the Global Financial Crisis.

Request for extension of Company Fresh Start Scheme 2020

January 5, 2021 10140 Views 0 comment Print

Request for extension of Company Fresh Start Scheme – 2020 for the Petitioners / Applicants before Hon’ble National Company Law Tribunal for restoration of Companies under section 252 of the Companies Act, 2013. Relevant Text of the representation is as follows:- Dated: 25th November 2020 Shri Anurag Singh Thakur Hon’ble Minister of State for Finance […]

GST compensation shortfall- 10th Instalment of Rs. 6,000 crore released

January 5, 2021 339 Views 0 comment Print

10th Instalment of Rs.6,000 crore released to the States as back to back loan to meet the GST compensation shortfall. A total amount of Rs.60,000 crore released so far to all States and UTs with legislation. This is in addition to additional borrowing permission of Rs.1,06,830 crore granted to the States

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