The Hon’ble Supreme Court of India in the matter of M/s Northern Operating Systems Pvt. Ltd. (“NOS”) in relation to taxability of the arrangement of secondment of expat employees to Indian entity under reverse charge mechanism.
Tuesday, 24 May 2022
SC rules IGST is not leviable on inbound ocean freight in case of CIF contracts
The issue involved was whether Integrated Goods and Services Tax (IGST) can be separately levied and collected from the Indian importer on ocean freight paid by the foreign exporter to a foreign shipping line, where Customs duty together with IGST has been already discharged on the value of imported goods.
Saturday, 21 May 2022
Recent Income Tax Court decesions.
·
Mumbai
ITAT held that no disallowance of reinsurance payments to foreign re-insurers
under section 37(1) and/ or 40(a)(ia) of the Income-tax Act, 1961.
Understand section 80JJAA: Deduction wrt employment of new employees
A. Criteria
1. Any assessee who has business income and is
subject to audit u/s 44AB
2. Business must not be formed by splitting up or
reconstructing of an existing business
3. Business must not be transferred from any other
person or as a result of any business re-organization.
4. Filing of Form No 10DA.
Understand Treaty impact on Adani-Holcim deal.
The Adani recently announced aquisation of Cement companies ACC &
Ambuja cement from Holcim group based in Switzerland. Currently, the equity (covered
by the deal) is held by the Holcim group as under:
Ambuja
Cements Limited – 63.55% stake is held by Holderind Investments Limited, a Mauritius entity ('Holding entity'). In turn, the Holding entity is owned by
Holderfin B.V, a Netherlands entity ('Intermediate Holding entity') which is
ultimately owned by Holcim Limited, Switzerland ('Ultimate Holding entity').
ACC Limited - 50.05%
stake is held by Ambuja
Cements Limited, whereas
the Holding entity
owns a 4.48% stake.
Thursday, 19 May 2022
Tuesday, 17 May 2022
Electricity Charges are Includible in Rent for Charging GST - AAAR
This is to apprise you about a recent decision by Appellate
Authority for Advance Ruling (‘AAAR’) in the case of Harish Chand Modi,
RAJ/AAAR/05/2021-22, wherein it was held that reimbursement of
electricity expenses by the lessee to lessor would form part of taxable value
and not to be treated as ‘Pure Agency Services’.
Do not claim less GST input for the month of April 2022
- The GST taxpayer is advised to restrict their claim of input credit based on the entries available in GSTR 2B for the particular month.
- GSTR 2B is a register with a cut off date of 12th of every month and the same includes GST input of previous months and the current month.
- For April 22, we can see GSTR 2B which contains details of previous months and not current months.
- GSTR 2A for April 22 is available with input credit of the current month.
- The GSTN had issued an advisory for the present technical glitch and advised to claim input credit based on the credit available in GSTR-2A.
- by doing this, GST taxpayers can claim only input entries available for the current month and are not able to claim input credit of the previous month for which entries are available in GSTR 3B.
- it is advisable to add GSTR 2A & 2B and then claim the consolidated amount.
Wednesday, 4 May 2022
CBDT notifies tax return form (Form ITR-U) and the manner to furnish updated return
This Tax Alert summarizes the key highlights of Notification No.48/2022 dated 30 April 2022 issued by the Central Board of Direct Taxes (CBDT) which amends the Income Tax Rules, 1962 by inserting Rule 12AC which provides for tax return form (Form ITR-U) and the manner for furnishing updated return.
SC holds GST is leviable on supply of actionable claim in online gaming, fantasy sports and casinos, retrospectively from July 2017
This Tax Alert summarizes a recent ruling of the Supreme Court (SC) addressing the GST implications on online gaming, fantasy sports and ca...
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· Legal Framework: Section 171 of the Income Tax Act, 1961 provides the legal framework for the partition of a Hindu Undivided...
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New utility for generation of Form 16A in pdf format provided by https://www.tdscpc.gov.in is very light and is sized only 8.43 MB while ...
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1. Introduction Cross-border investment structures often employ intermediate holding companies in jurisdictions like the Cayman Islands. A c...
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A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
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Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
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Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
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Facts Saptarshi Ghosh (the tax payer) was a salaried employee of TCS Limited (employer), an Indian company. He was on deputation to the U...
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Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
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In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
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Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...