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UK added as a country of Export on e-COO Platform under GSP

January 11, 2021 2910 Views 0 comment Print

In continuation to the earlier Trade Notice(s) 30/2020-21 dated 13.10.2020, it is informed that the United Kingdom (UK) is being added as a country of Export on the e-COO Platform under Generalised Scheme of Preferences (GSP).

GST payable on commission received in Foreign currency for rendering services as an ‘Intermediary’ 

January 11, 2021 2094 Views 0 comment Print

In re DKV Enterprises Private Limited (GST AAR Andhra Pradesh) Whether the marketing and consultancy services supplied by the applicant are liable under export of service or not? The service provided by the applicant is intermediary service as per section 2(13) of the IGST Act, 2017. The applicant is covered and fits into the definition […]

No reassessment for mere change of opinion by the AO

January 11, 2021 4572 Views 0 comment Print

Jagdish U. Thackersey Vs DCIT (ITAT Mumbai) It is well settled that mere fresh application of mind to the same set of facts or mere change of opinion does not confer jurisdiction even under the post-1989 section 147. The consistent view is that even after amendment of section 147 (w.e.f. 01.04.1989) mere change of opinion […]

One sided terms & conditions in agreement for sale of flat amounts to unfair trade practice

January 11, 2021 7842 Views 0 comment Print

IREO Grace Realtech Pvt. Ltd. Vs Abhishek Khanna & Others (Supreme Court of India) Section 14 of the 1986 Act empowers the Consumer Fora to redress the deficiency of service by issuing directions to the Builder, and compensate the consumer for the loss or injury caused by the opposite party, or discontinue the unfair or […]

PMLA Adjudicating Authority to ensure upload of orders within 48 Hours

January 11, 2021 8052 Views 0 comment Print

Bliss Abode Pvt Ltd Vs Zonal Office Directorate of Enforcement & Ors (Delhi High Court) The Delhi High Court directed that n order to avoid a dispute in future and to ensure fairness and non-arbitrariness, the Registrar of the Adjudicating Authority under the PMLA shall ensure that in future, all orders passed by the Adjudicating […]

Extend due dates of TAR/ITRs/VSV Scheme for AY 2020-21

January 9, 2021 21687 Views 4 comments Print

Calcutta Citizens’ Initiative, Representation on Extension of due dates of Vivad Se Vishwas Scheme and also for extension of date for TAR and ITRs for asst year 2020-21. Calcutta Citizens’ Initiative 3, Ho Chi Minh Sarani, Ground Floor, Kolkata 700001 Ph – 033-2466-1000 Email: calcuttacitizens@gmail.com URGENT Ref. CII/Rep/2021/01 Dated: 9th January 2021 Shri P.C. Mody, Chairman, […]

Format of waiver to be provided by investors under SEBI (AIF) Regulations

January 8, 2021 1485 Views 0 comment Print

Waiver in respect of compliance with clause (i) and (ii) of the first proviso to Regulation 20(6), as per amendment to SEBI (AIF) Regulations, 2012, notified on January 08, 2021.

Information Technology Services Income not taxable under article 12 of India- Sweden tax treaty

January 8, 2021 1518 Views 0 comment Print

SCA Hygiene Products AB (Essity Hygiene And Health AB) Vs DCIT (ITAT Mumbai) In order to decide whether or not the services rendered by the assessee fit the definition of ‘fees for technical services’, as applicable under the Indo Swedish tax treaty, the question that we must ask ourselves is not only whether the technical […]

Education & secondary higher education cess not disallowable

January 7, 2021 2208 Views 0 comment Print

Honeywell Technology Solutions Lab Pvt. Ltd. Vs DCIT (ITAT Bangalore) We respectfully following the aforesaid judgment of the Honable High Court of Bombay in the case of Sesa Gold Limited (supra), therein conclude that ‘Education Cess’ and the Secondary and Higher Education Cess is not disallowable as a deduction u/s 40(a)(ii) of the Act. FULL […]

Reassessment invalid if notice under section 143(2) not issued

January 7, 2021 4668 Views 0 comment Print

In the absence of the notice under section 143(2), assessment framed by AO was liable to be quashed as invalid also when Pr. CIT has granted approval under section 151 in a mechanical manner by putting only ‘Yes’ which was not valid for initiating reassessment proceedings.

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