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Delhi HC allows Form GSTR-3B rectification- Dept. cannot take benefit of its own wrong

May 5, 2020 22959 Views 3 comments Print

Delhi High Court held that the failure of the Government to operationalise the statutory returns, GSTR 2, 2A and 3 prescribed under the CGST Act, cannot prejudice the assessee. The GSTR 3B which was merely a summary return as an alternative did not have the statutory features of the returns prescribed under the Act.

No Tax on amount received by Partner on reduction in Profit Sharing Ratio

May 5, 2020 9216 Views 0 comment Print

ITAT Mumbai rules compensation for reduced partnership share is not capital gains. Anik Industries Ltd. vs. DCIT case. Assessment Years 2010-11 & 2012-13.

While computing income U/s. 115J AO cannot tinker book profit

May 5, 2020 1371 Views 0 comment Print

Assessing Officer tinkered the book profit by adding the additional revenue on account of subsequent realization of export, while computing the book profit u/s 115JB of the Act. The assessee has revised the return of income by including the additional revenue in its total income.

Section 292BB not save cases having complete absence of notice

May 5, 2020 1491 Views 0 comment Print

ITO Vs P.N. Krishnamurthy (ITAT Bangalore) According to Section 292BB of the Act, if the assessee had participated in the proceedings, by way of legal fiction, notice would be deemed to be valid even if there be infractions as detailed in said Section. The scope of the provision is to make service of notice having […]

Sec 194J TDS deductible on Toll Free Telephone charges (Royalty)

May 5, 2020 26589 Views 0 comment Print

Payments made by assessee towards toll-free telephone charges is royalty, in terms of section 9(1)(vi) of the Act, and is liable to deduct TDS under section 194J of the Act. We therefore are in agreement with the view taken by Ld.CIT (A).

SOPs for movement of Indian Nationals stranded outside the country

May 5, 2020 801 Views 0 comment Print

MHA issues SOPs for movement of Indian Nationals stranded outside the country, as well as, for those persons stranded in India who are desirous to travel abroad for urgent reasons Union Ministry of Home Affairs (MHA), on 01.05.2020, issued an Order and respective guidelines under the Disaster Management Act, 2005, to extend the lockdown for […]

CENVAT Credit Refund must be claimed within one year from date specified in Section 11-B

May 5, 2020 6372 Views 0 comment Print

In other words, time limit has to be computed from the last date of the last month of the quarter which would be the relevant date for the purposes of examining if the claim is filed within the limitation prescribed under Section 11-B or otherwise.

Lockdown 3.0 Know about the Zones With Effect from 4th May, 2020

May 5, 2020 786 Views 0 comment Print

Green Zones Districts with zero confirmed cases till date or no confirmed case in the last 21 days Red Zones Districts identified taking into account the total number of active cases, doubling rate of confirmed cases, extent of testing & surveillance feedback from the districts Orange Zones Those districts, which are neither defined as Red […]

GST exemption on vocational training courses recognised by NCVT

May 5, 2020 21291 Views 0 comment Print

In re Leprosy Mission Trust India (GST AAR Andhra Pradesh) Whether services provided under vocational training courses recognised by National Council for Vocational Training (NCVT) is exempted either under Entry No.64 of exemptions list of Goods and Services Tax Act, 2017 or under Educational Institution defined under Notification 12/2017-Central Tax (Rate)? Applicant is registered under […]

GST on interest/penalty collected for delay in payment by chit auction company

May 5, 2020 8985 Views 0 comment Print

In re Ushabala Chits Private Limited (GST AAR Andhra Pradesh) Whether the interest/penalty collected for delay in payment of monthly subscription by the members forms a supply under GST? If the said interest/penalty is a supply, what is the classification and rate of duty applicable on the said supply? As per the provisions of sub-clause […]

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