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Archive: 01 March 2017

Posts in 01 March 2017

Shri Ajay Tyagi takes charge as Chairman, SEBI

March 1, 2017 846 Views 0 comment Print

Shri Ajay Tyagi took charge as Chairman, Securities and Exchange Board of India, today. Prior to this, Shri Tyagi was Additional Secretary, Department of Economic Affairs, Ministry of Finance, Government of India, handling the portfolios of Capital Market Division, Investment Division, Infrastructure Division and Currency and Coinage Division.

Limitation period of one year is not applicable for claiming refund of taxes paid under protest

March 1, 2017 3762 Views 0 comment Print

Whether limitation period of one year provided under Section 11B(1) of Excise Act, applicable to Service tax provisions also vide Section 83 of Finance Act, 1994, would be applicable where Service tax has been paid under protest?

Ballasts or boulders or chips are mineral for Sales Tax levy: Orissa HC

March 1, 2017 4743 Views 0 comment Print

Ballasts or boulders or chips being mineral as per Entry 117 of the taxable list are exigible to tax at the rate of 4% of taxable list. Moreover, the appeal has been purportedly filed before the Tribunal with proper perspective and there is no defect in raising any such plea before it.

No TDS on Long term Lease Rent / Interest / other Payments for Plot Lease paid to GNOIDA

March 1, 2017 14889 Views 4 comments Print

This common judgment will dispose of a batch of writ petitions. They were heard together as they involve identical questions of fact and law as to the correct interpretation of Section 194-I of the Income Tax Act [hereafter the Act].

Budget 2017: Include income from transfer of carbon credits in definition of “income” U/s. 2(24)

March 1, 2017 1539 Views 0 comment Print

The proposed introduction of section 115BBG providing for a 10 percent tax on income from transfer of carbon credits is a welcome move. This would go a long way in helping to resolve the uncertainty and litigation over the taxability of income from the transfer of carbon credits going forward.

Disallowance U/s. 40(a)(ia) also applies to payment made during the year without TDS deduction

March 1, 2017 1572 Views 0 comment Print

Provision of section 40(a)(ia) of the Act are applicable not only to the amounts which is shown as payable on the date of balance sheet but it is applicable to such expenditure which becomes payable at any time during the relevant previous year and was actually paid within the previous year.

Swachh Bharat Mission: The Road Ahead

March 1, 2017 780 Views 1 comment Print

Two incidents from the South African years of Mahatma Gandhi stand out distinctly. The first is the worst kind of racial discrimination that he suffered on the first class compartment of a train. He was heckled and thrown out of the train by a snobbish European at Pietermaritzburg station.

Exemption U/s. 11 /12 cannot be denied by invoking Section 2(15) merely for profit from imparting of education

March 1, 2017 2991 Views 0 comment Print

The assessee was a recipient of research and training grant and other income to the tune of Rs. 1.36 crores. The AO determined that the latter were commercial receipts and guided by proviso to Section 2(15) and held that the assessee could not avail the benefit under section 11(23) of the Act. The ITAT relied […]

Exclude pooling vehicles like Mutual funds, AIP’s, from the purview of section 115BBDA

March 1, 2017 9144 Views 0 comment Print

The Finance Act, 2016 had inserted new Section 115BBDA to tax dividend income in excess of Rs. 10 lacs in case of an Individual, HUF and Firm at the rate of 10%.

No TDS deductible on Tips received by Hotel Staff

March 1, 2017 3261 Views 0 comment Print

Since TIPS were received from customers and not from employer these would be chargeable in the hands of employee as income from other sources and section 192 would not get attracted on facts of case.

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