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GST on goodwill at the time of retirement of Partners; AAR withdrawn

March 16, 2021 15690 Views 0 comment Print

In re Shiv Shankara Health Care Enterprises (GST AAR Tamilnadu) Whether the goodwill paid to the partners at the time of retirement is liable to be taxed under GST Act. We have carefully considered the application, various submissions of the applicant, remarks of the jurisdictional officers and the request for withdrawal made by the applicant. […]

Section 68 additions merely on third Party Statement without cross examination was invalid

March 15, 2021 4581 Views 0 comment Print

ACIT Vs Overtop Marketing Pvt. Ltd. (ITAT Kolkata) when the assessee as well as the lenders had discharged the onus upon them to prove the identity, creditworthiness and genuineness of the loan transaction, the AO could have disbelieved the transaction only on the basis of reliable material to disprove the same. In this case the […]

Application of GST Rule 36(4) for the months of February 2020 to August 2020

March 15, 2021 1101 Views 0 comment Print

It had been prescribed that the condition made under sub-rule (4) of rule 36 of the GST Rules shall apply cumulatively for the tax period February, March, April, May, June, July and August, 2020 and that the return in FORM GSTR-3B for the tax period September, 2020 shall be furnished with the cumulative adjustment of input tax credit for the said months.

IBBI (Insolvency Resolution Process For Corporate Persons) (Amendment) Regulations, 2021

March 15, 2021 1674 Views 0 comment Print

These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2021

Insurance (Amendment) Act, 2021 introduced in Rajya Sabha

March 15, 2021 1533 Views 0 comment Print

Insurance (Amendment) Bill, 2021, amending the Insurance Act, 1938, seeks, inter alia, to provide for- (i) substitution of sub-clause (b) in the definition of Indian insurance company in clause (7A) of section 2 of the Insurance Act, 1938, so as to raise the limit of foreign investment in an Indian insurance company from the existing 49 per cent. to 74 per cent. and to allow foreign ownership and control with safeguards;

Marine Aids to Navigation Bill, 2021 introduced in Lok Sabha

March 15, 2021 546 Views 0 comment Print

AS INTRODUCED IN LOK SABHA Bill No. 60 of 2021 THE MARINE AIDS TO NAVIGATION BILL, 2021 ARRANGEMENT OF CLAUSES’ THE MARINE AIDS TO NAVIGATION BILL, 2021 A BILL to provide for the development, maintenance and management of aids to navigation in India; for training and certification of operator of aids to navigation, development of […]

Place of Effective Management (POEM) – Meaning & Determination

March 13, 2021 23628 Views 2 comments Print

This article will be beneficial for you in case you want information on taxation on foreign companies. The Finance Act 2015 amended the test of residence of companies by inserting a concept called Place of Effective Management (POEM). Let us first find out what the section tells us and then let’s interpret it.

Section 54F deduction eligible on house property purchased in wife name

March 12, 2021 3291 Views 0 comment Print

We also hold that the assessee is eligible for deduction U/s 54F of the Act in respect of residential house property purchased in the name of his wife.

HC directs GST department to enable amendment to GSTR-1 by Appellant

March 12, 2021 5604 Views 0 comment Print

Pentacle Plant Machineries Pvt. Ltd. Vs Office of GST Council And Ors.  (Madras High Court) The petitioner seeks a mandamus directing the respondents to rectify the mistake in its GSTR-1 return, wherein it has, instead of the GST number of the purchaser in Andhra Pradesh, mentioned the GST number of the purchaser in Uttar Pradesh. […]

Interest on loans against FD not allowable against interest from FDR’s

March 12, 2021 5037 Views 0 comment Print

Chandrakant R. Agrawal  Vs PCIT (ITAT Mumbai) At the first blush the claim of the assessee for setting off the interest paid on the loan raised (on security of the FDR’s) against the interest received on FDR’s appeared to be very convincing.  However, we find that the issue is no more res integra and had […]

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