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Archive: June, 2015

Posts in June, 2015

ITR 1 – Validation Rules for AY 2015-16

June 24, 2015 31128 Views 9 comments Print

The Income Tax Department has provided free return preparation software in the downloads page as well as facility for online ITR submission for ITRs 1 & 4S which are fully compliant with data quality requirements. However, there are commercially available software or websites that offer return preparation facilities as well.

Online Payment of EPF not Mandatory for employers remitting contribution below Rs. 1 lakh per month

June 24, 2015 13970 Views 4 comments Print

The Central Government in exercise of the powers conferred by section 5 read with sub-section (1) of section 7 of the EPF&MP Act 1952 has notified amendments in Paras 38(1) and 48 of EPF Scheme, 1952 making it mandatory for employers to pay the statutory

Online Payment of EPF Mandatory with effect from 5th May, 2015

June 24, 2015 8304 Views 0 comment Print

This Scheme may be called the Employees’ Provident Funds (Second Amendment) Scheme, 2015. In the Employees’ Provident Funds Scheme, 1952 (hereafter referred to as Principal Scheme), in sub-paragraph ( ) of paragraph 38,‑ (i) for the words by separate hank drafts or cheques, the words electronic through internet banking of the State Bank of India or any other Nationalised Bank authorized for collection shall be substituted.

Applicability of Contempt of Court Act in Taxation Matters

June 24, 2015 4164 Views 0 comment Print

In this article, I am trying to analyses whether this section 2(b) of Contempt of Court Act is applicable to taxation matters (Direct and Indirect Taxes). There are so many cases, where Adjudicating Authority did not follow the decision given by various jurisdictional Tribunals, High Courts and even Supreme Court or did not follow the binding precedents as decided by the above various courts.

Sec.10(23C)(iiiad) Receipts from more than one educational institutions cannot be clubbed

June 24, 2015 68756 Views 0 comment Print

For the purpose of limit prescribed in section 10(23C)(iiiad), Rs. One crore limit has to be considered for each institution separately and not for the assessee as a whole. This is very important to mention that as per section 10(23C)(iiiad) also, the term used is any university or other educational institution

Service tax on sale of recharge coupons and SIM cards applicable on gross amount received from distributors and not on MRP

June 23, 2015 37078 Views 1 comment Print

It is true that the service rendered by the assessee by way of sale of pre‐paid SIM cards through distributors was ultimately received by the subscribers. However, where the law prescribes the value of taxable service to be the gross amount charged by the service‐provider, Service tax can be levied on that amount only.

Limitation period of Sec 11B does not apply for claiming re-credit of excess service tax paid

June 23, 2015 3051 Views 0 comment Print

The issue of limitation of claim under Sec 11B as raised by Revenue is also not maintainable because the amount paid by the appellant in excess of their service tax liability ceased to be in nature of service tax paid by them and is merely an excess deposit paid by the appellant.

Reassessment u/s 148 quashed, on issue of notice without valid jurisdiction

June 23, 2015 6458 Views 0 comment Print

The reliance has been placed on the decision of Hon’ble Allahabad High Court in the case of CIT Vs. M/s MT Builders Pvt. Ltd., (2012) 349 R 271 (All.) that the notice issued by an Officer who had no valid jurisdiction over the assessee is invalid. Accordingly, The notice under Section 148 of the Act issued by the Income Tax Officer

Filling up the lacunae in defective SCN not allowed in case of an open remand

June 23, 2015 1110 Views 0 comment Print

The Hon’ble High Court of Madras held that the issues raised by the Appellants and answered by the Commissioner (Appeals) in their favour has to be considered by the Tribunal on its own merits and there being no finding on the issues in the manner in which the plea has been taken by the Appellants,

Relaxation in number of Audit – High Level Committee on Tax Laws

June 23, 2015 1301 Views 0 comment Print

You would be glad to know that that the long awaited Notification to exempt private companies under section 462 of the Companies Act 2013 has been recently issued by the Ministry of Corporate Affairs. ICAI has highlighted need for a clarification in this regard on various occasions. There was no apparent need to put a cap on the number of audit of small and medium companies.

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