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Archive: 07 June 2017

Posts in 07 June 2017

Govt abolishes various Cesses in last 3 years for roll-out of GST

June 7, 2017 1746 Views 1 comment Print

The Central Government in the last three General Budgets viz 2015-16, 2016-17 and 2017-18 has gradually abolished various cesses on goods and services in order to prepare the ground for smooth roll- out of Goods and Service Tax (GST) from 1st July, 2017.

FCRA: Validation of Foreign Contribution bank accounts

June 7, 2017 1884 Views 0 comment Print

It is, however, seen that a number of associations have not validated their foreign contribution designated accounts causing problems for the banks to comply with the provisions of FCRA 2010/FCRR, 2011. A list of such organizations is attached.

No disallowance for interest paid to NBFC without TDS deduction, considered by NBFC in their Income

June 7, 2017 64005 Views 0 comment Print

Having held that the second proviso to section 40(a)(ia) shall have retrospective effect the question arises that if the recipients of interest in question have already considered the same for computing their income offered to tax then the dis allowance u/s. 40(a)(ia) is not attracted.

TRO cannot attach property subjected to SARFAESI recovery proceedings

June 7, 2017 11145 Views 0 comment Print

Where properties attached by Tax Recovery Officer (TRO) had already been subjected to recovery proceedings by a secured creditor under SARFAESI Act, 2002, the attachment order was quashed in view of section 35 of SARFAESI Act which makes it clear that the Act would override other laws and would have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Advisory for Mobile update of GST applicant/Taxpayers in Aadhaar

June 7, 2017 1581 Views 0 comment Print

Regarding difficulty in updating mobile number in Aadhaar data by the GST applicant/tax payers who are required to migrate to GST regime. The tax payers may use Aadhaar based e-sign facility to register themselves on the GST platform which requires Aadhaar OTP.

Andhra Pradesh Good and services Tax Act, 2017

June 7, 2017 1236 Views 0 comment Print

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provisions to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

In absence of communication of interest on IT Refund no penalty for not offering the same for tax

June 7, 2017 2139 Views 0 comment Print

Admittedly there is a mistake committed by the assessee in not adding interest on the refund to his sources of income. There is no disputing the fact that the tax payer duly and diligently must necessarily in its return of income disclose all avenues of his income. The assessee in its defence has consistently maintained […]

Busy in time-bearing assessments is not an excuse for delay: HC

June 7, 2017 1044 Views 0 comment Print

The mere fact that the Assessing Officer was busy in other time- bearing assessments can hardly be an excuse, particularly given the fact that under Section 260A of the Income Tax Act, 1961, the time period for filing of an appeal is 120 days. No other statute prescribes the time period of over three months. Moreover, there is no explanation for every day’s delay. A delay of 335 days cannot be said to be routine.

Damages for deprivation of use & occupation of profits is capital in nature not chargeable to tax

June 7, 2017 1368 Views 0 comment Print

This appeal of the assessee arises from the order of learned Commissioner (Appeals)-21, New Delhi vide order dated 16-9-2016 for the assessment year 2012- 13. The assessee has raised the following grounds of appeal

Deduction U/s. 80IB(10) cannot be denied merely for approval of Housing Project in Land Owner Name

June 7, 2017 1521 Views 0 comment Print

The short reason for which deduction under section 80IB(10) has been declined to the assessee is that the assessee did not own the land on which the housing project, by the name of ‘Narayan Bungalows’, is built.

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