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Archive: 10 February 2017

Posts in 10 February 2017

Demystifying supply as per revised model gst law

February 10, 2017 1698 Views 0 comment Print

Article 366(12A) of the Constitutional (101st Amendment) Act, 2016 defines the Goods and Services tax (GST) as “a tax on supply of goods or services or both, except supply of alcoholic liquor for human consumption”. The term ‘supply’ is, however, not defined in the Constitution.

Guide to ITDREIN Registration and Upload of Form 61 / 61A

February 10, 2017 298797 Views 19 comments Print

Users who have already registered in e-Filing portal can use this functionality to generate ITDREIN (Income Tax Department Reporting Entity Identification Number) and upload certain forms in e-Filing portal using the generated ITDREIN.

Impact of Union Budget 2017-18 On Real Estate Sector

February 10, 2017 4461 Views 1 comment Print

The Union Budget was presented on 1st February, 2017 by Indias Finance Minister Arun Jaitely. After the event of demonetisation, Union Budget 2017-18 was an extremely high-focus event.

Discount on Property Purchased from Broker is Capital Receipt

February 10, 2017 1653 Views 0 comment Print

ITAT Delhi held that any receipt directly and intimately linked with the procurement of capital asset is in the nature of capital receipt and not a revenue receipt. So such brokerage cannot be taxed in the hand of property buyer.

SPICE Form: Frequently Asked Questions (FAQs)

February 10, 2017 16602 Views 5 comments Print

How to apply for Incorporation of Company with Foreign Subscribers, without violating the Rule 13 of the Companies (Incorporation) Rules, 2014? Solution: Rule 13 provide manner of signing of MOA & AOA. Like: in case of foreign subscribers MOA & AOA should be notary in the country of origin, apostillised, authenticated by a Diplomatic or Consular Officer empowered, which is not possible in case of e-MOA and e-AOA. Because an electronic form can’t be notarized, appltillized etc.

TDS not applicable on Reimbursement to Sister Concern

February 10, 2017 2928 Views 0 comment Print

Delhi HC remanded the matter to AO to verify that claim towards the payment of Rs.3,19,66,460/- does not include any income component and if it constitutes reimbursement, the question of application of Section 40(a)(ia) would not arise.

Sec 14A r.w. rule 8D not applies if assessee has kept shares as stock in trade

February 10, 2017 1923 Views 0 comment Print

Assessing Officer had treated the claim of long term capital gain as business income. The assessee did not object to that. In such situation there could be no application of Section 14A for disallowance of expenditure incurred to earn exempt income.

Purchases cannot be treated as bogus based on mere statement of vendors

February 10, 2017 1842 Views 0 comment Print

The assessee, a civil contractor, filed his return of income for A.Y. 2010-11 on 25.09.2010 declaring income of Rs. 30,65,277/-. The case was taken up for scrutiny and the assessment completed under section 143(3) of the Income Tax Act, 1961 (in short the Act) vide order dated 14.03.2013 wherein the income of the assessee was determined at Rs. 25,11,68,150/- in view of the following additions/disallowances

Assessee cannot seek restoration of Appeal withdrawn on advise of her Advocate without submitting Advocates letter

February 10, 2017 1605 Views 0 comment Print

In the present facts there is nothing on record in the form of the Advocates letter, etc. to indicate that the petitioner acted upon his legal advise and the same was wrong. Therefore, whether the petitioner acted on advise of his Advocate or not is itself a subject matter of debate. Thus taking the application outside the scope of Section 254(2) of the Act.

ICAI to condone delay in submission of Form 112

February 10, 2017 13545 Views 0 comment Print

It is also notified that wherever any statement made by a student or member is found to be false or varying with the facts discovered during the scrutiny process or later at any stage, the student and/ or member concerned will be liable to be proceeded with in accordance with the provisions of the Chartered Accountants Act, 1949 and Rules/ Regulations framed thereunder.

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