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Archive: 11 May 2017

Posts in 11 May 2017

Penalty notice without proper application of mind is invalid

May 11, 2017 2451 Views 0 comment Print

Where Assessing Officer issued two notices for imposition of penalty namely, one u/s 274 r.w.s. 271(1)(c) and second u/s 274 r.w.s 271AAA in cases where search u/s 132 of the Act has been initiated, then such notices issued by AO are untenable in law.

Truck terminus cannot be treated as building for providing resting /toilet facility

May 11, 2017 1176 Views 0 comment Print

Gotanagar Truck Terminus is a plant and not building, for the purpose of claiming depreciation under Section 32 read with Section 43 of the IT Act. Consequently the assessee is held entitled to depreciation at the rate of 25% as prescribed for plant and not at 10%, as applicable for building.

Defect in notice u/s 274 do not vitiates penalty proceedings; Addition for Bogus purchases U/s. 69C?

May 11, 2017 1707 Views 0 comment Print

Mere defect in the notice u/s 274 do not vitiates the penalty proceedings and no prejudice was caused to the assessee by non- marking of appropriate clause. Addition for Bogus purchases cannot be made under Section 69C as ‘unexplained expenditure’ if purchase are duly disclosed and payments are made through banking channels. The fact that the sellers are not traceable and the assessee surrendered the bogus purchases does not justify levy of penalty.

GST Impact on Banking Sector

May 11, 2017 9090 Views 1 comment Print

Currently, No Service Tax is payable on income earned by way of interest income as the same is excluded by way of Entry (n) of Negative List. As per Entry (n) of Negative List, Services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount.

GST Transaction Analysis: Supplies under Reverse Charge Mechanism

May 11, 2017 16959 Views 1 comment Print

Under GST, RCM is applicable to both supply of certain Goods and or services as notified by the Government. RCM is also applicable for supplies received from unregistered suppliers also. Persons who are required to pay tax under reverse charge has to compulsorily register under GST

Sarkar 3: Bombay HC Directs RGV to Give Scriptwriter Credit for Story

May 11, 2017 2427 Views 0 comment Print

Ram Gopal Varma will ensure that in film Sarkar 3 releasing on Friday, 12th May 2017 credit is given to Mr Nilesh Girkar in exactly the following manner: Based on a story written by Nilesh Girkar

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