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Archive: 12 November 2017

Posts in 12 November 2017

Gist of various recommendations made at 23rd GST Council Meeting held on November 10, 2017

November 12, 2017 9642 Views 0 comment Print

GST Council has come out with a string of deadline relaxations and lowering of penalty/ late fees for delayed filing of return along with an increase in the annual turnover threshold for the composition scheme to Rs 1.5 crore (overall limit to be increased to Rs. 2 Cr) from the recently revised Rs 1 crore.

Except Composition all have to pay GST for every month !

November 12, 2017 17805 Views 8 comments Print

Arjuna, the main characteristics of Form GSTR – 3B are as follows: 1. Form GSTR -3B is to be filed for every month before 20th of next month upto March, 2018. 2. The concept of Form GSTR -3B is introduced for not to decrease the revenue of Government. 3. Form GSTR -3B cannot be revised. 4. After feeding all the information, tax liability will be calculated. 5. For every month, tax is to be paid as per Form GSTR -3B.

SC explains concept of fixed place of business, service PE and agency PE

November 12, 2017 20820 Views 0 comment Print

The Income Tax Act, in particular Section 90 thereof, does not speak of the concept of a PE. This is a creation only of the DTAA. By virtue of Article 7(1) of the DTAA, the business income of companies which are incorporated in the US will be taxable only in the US, unless it is found that they were PEs in India

Interest on FDRs before business Commencement is Income from Other Sources

November 12, 2017 4656 Views 1 comment Print

Anything which can properly be described as income is taxable under the Act unless expressly exempted. Following the above principle, Court held that interest earned by Assessee is clearly its income and unless it can be shown that any provision like Section 10 has exempted it from tax, it will be taxable.

HC refuses to entertain writ petition filed, as an alternative remedy was available U/s.17 of SARFAESI Act, 2002

November 12, 2017 2412 Views 0 comment Print

In the present case, the petitioner has not made any representation under Section 13 (13-A) of the SARFAESI Act, 2002 before the bank and has approached this Court by-passing statutory mechanism which has been disapproved by the Supreme Court in the case of Devi Ispat Limited and another Vs. State Bank of India and other (2014) 5 SCC 762.

Value declared in Wealth Tax Return cannot be taken as Cost of Acquisition

November 12, 2017 1380 Views 0 comment Print

Court is satisfied that no error was committed by the ITAT in holding that the value declared in the tax return filed by the Assessees under WTA cannot be taken to be the cost of acquisition in the hands of the Assessees.

AO cannot treat allotment letter as fake in absence of any evidence

November 12, 2017 1569 Views 0 comment Print

The Income Tax Appellate Tribunal (Mumbai) has held that, Income from Capital Asset is Capital Gain and not business Income even if Assessee was regularly booking Flats and Selling the same. Any kind of Income from Capital Assets held by the Assessee whether or not connected with his business of profession earned must be treated as capital gain.

Limitation period U/s. 264(3) begins from date of receipt of intimation U/s. 143(1)

November 12, 2017 1998 Views 0 comment Print

The challenge in this writ petition is to an order dated 21-12-2016 passed by the Principal Commissioner (PCIT) rejecting the Petitioners application under section 264 of the Income Tax Act, 1961 (Act) on the ground of limitation.

Govt subsidy not related to any specific assets cannot be reduced from cost of asset

November 12, 2017 1860 Views 0 comment Print

Receipt of grant from US Aid through ICICI to create an institutional environment for technological innovations could not be regarded as meeting of cost of specific asset by Central Government or State Government or any authority established by any law in India or any other person, so as to cause Explanation 10 to section 43(1) get attracted to assessee’s case.

Compensation received for providing amenities is taxable as income from house property

November 12, 2017 6618 Views 0 comment Print

Receipts towards amenities are to be considered as part of rental income. However, the expenses incurred towards security service and pantry services are not connected to the rental income and hence, they should be deducted from the receipts from amenities.

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