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Archive: 28 March 2017

Posts in 28 March 2017

Penalty / Fine for Traffic Violation not allowable

March 28, 2017 15813 Views 0 comment Print

It is clear from the statutory provisions of the MV Act as well as the law laid down in judicial pronouncements that payments made for any purpose which is an offence or which is prohibited by law and which are not compensatory in nature cannot be allowed as a deduction u/s.37(1) read with Explanation thereto.

TDS U/s. 195 not applicable on Payment under Secondment if same is taxable in India as Salary

March 28, 2017 4794 Views 0 comment Print

By way of this appeal, the assessee appellant has challenged correctness of learned CIT(A)’s order dated 10th Jul 2012, in the matter of assessment under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the assessment year 2009-10.

No LTC / Tax benefit on Foreign Tours provided to staff, TDS deductible

March 28, 2017 6702 Views 0 comment Print

The provisions of the Act are in relation to the travel concession/assistance given for proceeding on leave to any place in India and the said concession is thus exempt only where the employee has utilized the travel concession for travel within India. Further under Rule 2B of the Income Tax Rules the condition for allowing exemption under section 10(5) of the Act are laid down.

Wind up Petition by employee claiming unpaid Salary is Maintainable

March 28, 2017 8322 Views 0 comment Print

An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages.

GST to be a reality now

March 28, 2017 2952 Views 0 comment Print

The Union Government has introduced the four GST related Bills in the Parliament (Lok Sabha or lower house) on 27th March, 2017. These four bills moved in the lower house of Parliament are the Central Goods and Services Tax (CGST) Bill, Integrated Goods and Services Tax (IGST) Bill

GST Migration : 19 Frequently Asked Questions (FAQs)

March 28, 2017 7944 Views 1 comment Print

Q1. I am an existing PAN-based Service Tax (ST) and Central Excise (CE) assessee, and wish to enroll in GST. I have business premises and factories in the State of Telangana. Through the ACES portal, I received the Provisional ID and password for the State of Andhra Pradesh, whereas my Principle Place of Business is […]

Reminder cannot be construed as an admission of non-service of notice: SC

March 28, 2017 2874 Views 1 comment Print

There is no bar under the N.I. Act to send a reminder notice to the drawer of the cheque and usually such notice cannot be construed as an admission of non-service of the first notice by the appellant as has happened in this case.

TDS on post film production services outside India by foreign Company

March 28, 2017 6678 Views 0 comment Print

The undisputed fact is that ‘VHQ’, i.e. the recipient merely carried out post production activities. Nothing has been brought before us to indicate or show that in the process of carrying out any work, whether any technical knowledge, experience, skill, know-how or process was made available to the assessee.

President assents Maternity Benefit (Amendment) Act, 2017

March 28, 2017 5778 Views 0 comment Print

(1) This Act may be called the Maternity Benefit (Amendment) Act, 2017. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint :

TDS not applicable on Hotel Rent in absence of any contract

March 28, 2017 144747 Views 3 comments Print

Where earmarked rooms are let out for specified rate and specified period, only then, they will be construed to be accommodation made available on regular basis

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