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Archive: 31 July 2017

Posts in 31 July 2017

Taxation of Global Income in USA for Indians who are US Citizens, NRIs, or Green Card holders, including for EB-5 immigrants

July 31, 2017 14535 Views 4 comments Print

The issue of global taxation of Indians residing in USA, or residing in India but being a US reportable person, requires comprehensive understanding of the following: US tax laws which are governed by IRS; Specific regulations under FATCA which covers foreign assets; Provisions of FEMA in India; Guidelines by the Reserve Bank of India from […]

Tenant can claim depreciation in respect of expense on leased premises

July 31, 2017 5136 Views 0 comment Print

A division bench of the Bombay High Court in CIT Vs. M/s.Urban Infrastructure Venture Capital Ltd has allowed a tenants’ claim for depreciation towards capital expenditure incurred on the leased premises.

Expense on payment of guarantee commission is revenue expenditure

July 31, 2017 5160 Views 0 comment Print

The only question is whether the guarantee commission paid to the bankers for securing timely repayment of credit facility and loan from financial institutions for the purpose of machinery and equipments is revenue expenditure. The Division Bench of this Court in case of Kinetic Engineering Ltd (supra) was dealing precisely with the said issue, wherein, […]

VAT on terminalling services provided to BPCL when Service Tax already been paid

July 31, 2017 1554 Views 0 comment Print

The petitioner’s first and foremost contention is that the same transaction cannot be taxed under the Finance Act for service tax and VAT. Further, it is contended that there is no transfer of right to use the goods and the contract between the petitioner and the BPCL is a non-exclusive contract and the installation and facility is used by the petitioner for themselves, for BPCL as well as IOC and the observation of the Assessing Officer that there is a transfer of right in using the goods is an incorrect finding

Reverse Charge under GST- List of notifications

July 31, 2017 23568 Views 2 comments Print

This Article contains the List of notifications issued in respect of reverse charge provisions. Following notifications have been issued in this regard: Notification No. 8/2017-Central Tax (Rate), dated 28-6-2017: CGST exemption relating to reverse charge on supplies received from unregistered person’s up to Rs. 5000 per day Rule 46 of CGST Rules 2017 (Notification No. […]

Now you need to pay 20% of disputed amount for stay of demand at first appeal stage

July 31, 2017 141642 Views 1 comment Print

it has been decided that the standard rate prescribed in O.M. dated 29.2.2016 be revised to 20% of the disputed demand, where the demand is contested before CIT(A).

S.145A Unutilized Cenvat credit does not constitute income irrespective of Method of Accounting followed

July 31, 2017 1938 Views 0 comment Print

S. 145A: Irrespective of the method of accounting followed, the unutilized Cenvat credit does not constitute income and cannot be directly added to the closing stock. The assessee is entitled to follow the exclusive method and value the closing stock by excluding the modvat credit

Demand of Higher Rate of GST on Flats booked before 1st July, 2017 is against the GST law

July 31, 2017 10110 Views 12 comments Print

The CBEC and States have received many complaints that in view of the works contract service tax rate under GST at 12%in respect of under construction flats, complex etc, the people who have booked flats and made part payment before 1st July, 2017

Law Commission releases Draft Bill on Human DNA Profiling

July 31, 2017 786 Views 0 comment Print

Discovery of DNA is considered as one of the most significant biological discoveries during the 20th century owing to its tremendous impact on science and medicine. Of late, it is acting as a very useful tool of forensic science that not only provides guidance in criminal investigation and civil disputes, but also supplies the courts with accurate information about all the relevant features of identification of criminals.

Reassessment for mere non submission of working sheet of deduction U/s. 10A with Form 56F is not valid

July 31, 2017 1740 Views 0 comment Print

 The AO’s reason for re-opening is that along with the certificate in Form 56F, which was the certificate of the CA, the working sheet of deduction was not enclosed. That was not a requirement of law. What Form 56F has to be accompanied with is specified under the Income Tax Rules itself. The mere fact […]

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