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Latest Statutes

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 MoF

No relief for Mudra Shishu loan borrowers during moratorium
Mudra Shishu loan borrowers opting for moratorium on their existing debts would not get the 2% interest subvention under the Centre’s Covid-19 relief package before the expiry of the repayment holiday
 07-Jul-2020  

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 RBI

M K Saggar to take over as ED in charge of RBIs monetary policy dept
M K Saggar will take over as the executive director (ED) in charge of Reserve Bank of Indias (RBI) monetary policy department, after the retirement of Janak Raj, the central bank said in a statement.
 07-Jul-2020  

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 Direct Tax

Govt extends last date for Aadhaar-PAN linking to March 31, 2021
The government on Monday extended the last date for linking Aadhaar and Permanent Account Number (PAN) to March 31 next year.
 07-Jul-2020  

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 GST

Only T&D exempt, transactions between power utilities may attract GST: AAR
The Tamil Nadu-based Authority for Advance Rulings (AAR) has held that only distribution and transmission segments of the electricity sector are exempt from goods and services tax (GST) and any transa
 07-Jul-2020  

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 GST

Software consulting services provided to Indian companys foreign client liable to GST: AAR
Firms providing information technology software related services to overseas client of an Indian business would be liable to pay 18 per cent GST, the Authority of Advance Ruling (AAR) has said.
 06-Jul-2020  

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 MoC

India may see first monthly trade surplus in 18 years
India may register its first monthly trade surplus in over 18 years in June as the pace of contraction of exports is estimated to have slowed down to around 12%, while imports are seen to have fallen
 06-Jul-2020  

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 GST

E-way bill generation showing green shoots of economic recovery: GSTN
E-way bill generation has signalled that the process of economic recovery has begun, GSTN said on Sunday. The IT infrastructure provider for GST said the data substantiates the indications given by th
 06-Jul-2020  

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 MoF

FinMin may review capital requirement of PSU banks after second quarter
The finance ministry may assess the capital requirement of public sector banks after the September quarter as there would be greater clarity about a spike in bad loans by that time, sources said.
 06-Jul-2020  

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UNION BUDGET 2020 - Highlights

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Interesting and Noteworthy Decisions image

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GST Highlights

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Where AO had framed the reassessment under section 148 without issuing notice under section 143(2), the reassessment order was invalid because it is mandatory obligation of AO to serve notice by assigning reasons therein with regards to his belief of escaped tax liability before making assessment of any escaped income.

Gaurav Kumar v. ITO

  Section 148   Direct Taxes
Milk chilling and packing service provided by contractors to petitioners are exempted by virtue of Serial No. 24 of Notification No. 11/2017-Central Tax (Rate), dated 28-6-2017.

Gujarat Co-Operative Milk Marketing Federation

  Section 9 of CGST Act, 2017   GST
Where AO computed peak credit without taking into account both deposits as well as withdrawal during relevant period for assessment years under consideration, matter was remanded back to AO for re-computing peak credit.

B.A. Moideen Bava v. Dy. CIT

  Section 68   Direct Taxes
Where assessee had discharged his onus by furnishing the necessary details such as a copy of PAN, bank details, etc. in support of identity of the parties and all transactions were carried out through the banking channel, therefore, assessee had discharged the onus regarding the identity of the parties and accordingly addition under section 68 could not be made in the hands of assessee.

Mahipal Ishwarlal Sottany v. ITO

  Section 68   Direct Taxes
Where consequent upon seizure proceedings initiated by concerned respondent authority, assessee never deposited any tax or penalty or bond or security, as required under section 67(6) of the Uttar Pradesh Goods and Services Tax Act, 2017, and also failed to comply according to notices/summons issued, petition against seizure order was dismissed.

Ashu Traders Madar Gate v. UOI

  Section 67 of CGST Act, 2017   GST
The fact that provision made at the end was reversed in the beginning of next accounting year showed that there was no income accrued. Mere entries in books of account did not establish accrual of income in the hands of payee and hence there was no liability on assessee-company to deduct merely on the provisions made at year end.

AT & T Communication Services India (P) Ltd. v. Dy. CIT

  Section 40(a)(ia)   Direct Taxes
Where in spite of the assessee being given sufficient opportunities, necessary evidences to establish that the land was agricultural land as per section 2(14)(iii)(b) were not furnished and also the agricultural income was not shown in return of income, then assessee was not justified in claiming exemption from the capital gain tax.

Rajesh Kumar v. Jt. CIT

  Section 10(37)   Direct Taxes
AO had not brought on record any material to show that cash deposited in bank accounts of the creditors belonged to assessee and, was a case of round tripping of unaccounted income of the assessee in the shape of unsecured loans. Whereas assessee had produced confirmations as well as affidavits of loan creditors along with bank account details and returns of income filed by loan creditors. Also, making deposits subsequently less than the withdrawal amount clearly showed that all the loan creditors were having sufficient funds to make deposits in their bank accounts prior to issuing cheques to assessee and therefore, in absence of assessee’s own role in withdrawal and deposits made in bank accounts of loan creditors, addition of loan amount made under section 68 could not be sustained.

Smt. Leela Kothari v. ITO

  Section 68   Direct Taxes
Assessee had only one business undertaking and total turnover of business was equivalent to total turnover of the undertaking as well as export turnover and purchases disallowed by AO related to the same business activity of manufacture and export in respect of which assessee was held eligible for deduction under section 10AA, therefore, deduction under section 10AA had to be allowed on enhanced profits after taking into consideration the disallowance under section 69C in light of accepted legal position by the CBDT. Though Circular No. 37 of 2016, dated 2-11-2016.

Amrapali Exports v. Dy. CIT

  Section 10AA   Direct Taxes
Where the amount was initially parked in the capital gains account and later on, the same was transferred to fixed deposit account and no proof or account detail or statement of account was filed by the assessee showing that fixed deposit was in the capital gain scheme, then the addition was restored to the AO for verification and taking decision afresh about claim of exemption under section 54. Further, mere making of an application for allotment of a house with any Housing Board was not sufficient to claim exemption under section 54.

Dr. Jaya Narayan Naik v. Jt. CIT

  Section 54   Direct Taxes
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