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Supply to OKCl cannot be held to be a supply to Government

September 29, 2020 861 Views 0 comment Print

In re Telecommunications Consultants India Ltd. (GST AAAR Odisha) We notice that the Authority for Advance Ruling, Odisha, in their findings (para 5.3 of the Order) has clearly observed that Odisha Knowledge Corporation Limited (OKCL) was promoted by the Higher Technical Education Department, Govt of Odisha and was incorporated under the Companies Act, 1956, as […]

Section 194H TDS not applicable on Payment gateway charges paid to banks/credit card agencies

September 29, 2020 21306 Views 1 comment Print

ACIT Vs. Head Infotech India Pvt. Ltd. (ITAT Hyderabad) Assessee hosts online games and when the customers make payments through banking Gateways by way of credit or debit card of the relevant banks ( which are referred to as Gateways) and while transferring money to the assessee’s account, banks invariably retain service charges. It is […]

Interest on NPA loan can be taxed on receipt basis only

September 29, 2020 4002 Views 0 comment Print

DCIT Vs. Chitradurga District Co-Op. Central Bank Ltd. (ITAT Bangalore) If an assessee adopts the mercantile system of accounting and in his accounts he shows a particular income as accruing, whether that amount is really accrued or not is liable to bring the said income to tax. His accounts should reflect true and correct statement of affairs. […]

Companies (Amendment) Act, 2020

September 28, 2020 30105 Views 0 comment Print

Companies (Amendment) Act, 2020 received the assent of the President on the 28th September, 2020. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 28th September, 2020/Asvina 6, 1942 (Saka) The following Act of Parliament received the assent of the President on the 28th September, 2020 and is hereby published for general information:— THE […]

GST registration cancellation order based on Vague SCN not sustainable

September 28, 2020 2292 Views 0 comment Print

Mahadev Trading Company Vs Union of India (Gujarat High Court) Perusal of the show cause notice indicates that to such show cause notice no response can be given by any assessee. The show cause notice is as vague as possible and does not refer to any particular facts much less point out so as to […]

Settlement application cannot be treated as invalid if commission fells that Issue needs to be adjudicated

September 28, 2020 1590 Views 0 comment Print

DCIT Vs. Hitachi Power Europe GmbH (Madras High Court) The power to be exercised by the Settlement Commission under sub-Section (2C) of Section 245D is within a period of fifteen days’ from the date of receipt of the report of the CIT. This provision gives power to the Settlement Commission to declare an application as […]

Assessee can claim proportionate deduction under Section 80IB(10) relating to eligible units

September 28, 2020 819 Views 0 comment Print

DCIT Vs Shree Venkatesh Associates (ITAT Pune) The issue of pro-rata deduction u/s. 80IB(10) for eligible units has been considered by the jurisdictional ITAT, Pune in case of Ramsukh Properties (supra) and M/s D.S. Kulkarni Developers Ltd (supra) and IT AT, Nagpur in case of AIR Developers(supra) and allowed such pro-rata deduction. The ITAT, Mumbai […]

SEBI on Recovery of assets of defaulter member & debit Balance in clients Accounts

September 28, 2020 981 Views 0 comment Print

Recovery of assets of defaulter member and recovery of funds from debit balance clients of defaulter member for meeting the obligations of clients / Stock Exchange / Clearing Corporation

Purchase credited in books cannot be added under section 68

September 26, 2020 2079 Views 1 comment Print

Sanjay Sharma Vs. ACIT (ITAT Delhi) Assessing Officer has accepted not only he sales figures but has also accepted that total purchases. Under accounting principles, a liability can only be brought into account by a credit entry in the books of account in favour of the person to whom the money is payable’ Thus, there […]

ITAT allows section 80-IB deduction on Pro-rata basis

September 26, 2020 1416 Views 0 comment Print

Vishal Constructions Vs. ITO (ITAT Pune) We note that in the present appeal the assessee claimed deduction Rs.18,80,000/- u/s. 80IB(10) of the Act. The AO held that the assessee has violated the provisions of section 80IB(10) of the Act as built up area of shops and commercial establishments exceeded 5000 sq. ft. For such violation […]

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