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Decisions must be founded on legal testimony and not on suspicion by any court or tribunal

May 15, 2021 1890 Views 0 comment Print

Messrs Mehta Parikh & Co vs The Commissioner Of Income-Tax, Bombay (Supreme Court of India), Date Of Judgment: 10/05/1956, Equivalent citations: 1956 AIR 554, 1956 SCR 626 Bench: Natwarlal H. Bhagwati | Sudhi Ranjan Das (CJ) | T.L. Venkatarama Aiyyar Income-tax-Income from undisclosed sources-Assessment. Assessee’s explanation based on accounts supported by affidavits Accounts accepted as […]

Practicing advocates exempted from service tax/GST, should not have to face harassment from GST Department

May 15, 2021 13593 Views 0 comment Print

Practicing advocates exempted from service tax/GST, should not have to face harassment from GST Department The Hon’ble Orissa High Court in Devi Prasad Tripathy v. the Principal Commissioner CGST and Central Excise [W.P.(C) No. 27727 of 2020, dated April 22, 2021] quashed the notice demanding to pay service tax/GST issued to the advocates. Held that, […]

Services Provided by Tour operators & Travel agents – A GST Perspective

May 15, 2021 193830 Views 4 comments Print

Brief Background Tour Operator (hereinafter referred as Service Provider) provides services to the ultimate consumers (Recipient) through various counterparts such as the Airline companies, local taxi operators, hotel, embassy issuing visas and many other services. The major sources of Income for Tour Operators are: 1. Domestic/ International Hotel Bookings 2. Air Ticket & Commission from […]

TDS on payment of certain sum for Purchase of Goods (Section 194Q)

May 15, 2021 3273 Views 0 comment Print

The concept of TDS was introduced with an aim to collect tax from the very source of income. Currently there are 36 provisions in the Income Tax Act which require TDS deductions from various payments. There is a recent insertion of section 194Q vide Finance Act 2021. With introduction of Section 194P and 194Q, there […]

SEBI’s scope in detecting ‘Unfair Offences’ and ‘Insider Trading’

May 15, 2021 1959 Views 0 comment Print

In this timeline, SEBI has tried to incorporate various global and internationally acclaimed principles within its regulation which has constantly enhanced the efficiency and integrity in securities market here and catapulted it into a global platform.

Role of SEBI in protecting Investors

May 15, 2021 26928 Views 3 comments Print

Investors are the pillar and skeleton of securities market and their protection is the paramount consideration of SEBI. The rule of Caveat Emptor, ‘Let the Buyer Beware’ is though applicable in business laws, but can’t be applied blindly in capital market scenario since the financial products of investment here are not in form of some […]

Cash Deposit Out of Cash Sales treated as Undisclosed Income Under Section 68 & 69A

May 15, 2021 18660 Views 0 comment Print

Cash Deposit Out of Cash Sales treated as Undisclosed Income Under Section 68 & 69A of Income Tax Act, 1961 On the night of 8th November 2016 the honorable Prime Minister of India announced that Rs. 500.00 and Rs. 1000.00 notes will no longer be legal tender. No fresh transaction could be done using these […]

Non-Payment of Tax to Government – who is liable to whether Seller or buyer?

May 15, 2021 4194 Views 0 comment Print

1) Relevant Provision Section 16(1) and (2) of the CGST Act: “16. Eligibility and conditions for taking input tax credit. (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply […]

An Assessee can raise a points of law which was not raised earlier before Tribunal 

May 15, 2021 7191 Views 0 comment Print

The Tribunal has jurisdiction to examine a question of law which arises from the facts as found by the authorities below .and having a bearing on the tax liability of the assessee . Where the tribunal is only required to consider a question of law arising from the facts ,we fail to see why such […]

FAQs on Special Refund and Drawback Disposal Drive

May 14, 2021 4200 Views 0 comment Print

The Central Board of Indirect Taxes and Customs (CBIC) has issued an instruction to its commissioners for a special drive to dispose all the pending refund claims vide Instruction No. 10/2021 – Customs dated 13/05/2021. The drive is called as “Special Refund and Drawback Disposal Drive” which would be for the period from 15th of […]

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