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Archive: November, 2017

Posts in November, 2017

GSTR-4 online upload functionality available for those who opted for composition

November 8, 2017 2499 Views 0 comment Print

Form GSTR-4 online upload functionality is now available to taxpayers for uploading of their quarterly returns. Earlier Excel based GSTR-4 Offline tool was provided to taxpayers, to prepare their Form GSTR-4 offline.

Method favourable to taxpayer should be adopted cannot be contended If statute is unambiguous

November 8, 2017 2553 Views 0 comment Print

ZIf two reasonable constructions of taxing statute are possible, that construction which favors the assessee must be adopted. The above proposition cannot be read to mean that under two methods of valuation if the value which is favorable to assessee should be adopted.

Delhi High Court held certain ICDS & Part of them Ultra Vires

November 8, 2017 27330 Views 3 comments Print

Section 145 (2), as amended, has to be read down to restrict power of the Central Government to notify ICDS that do not seek to override binding judicial precedents or provisions of the Act. The power to enact a validation law is an essential legislative power that can be exercised, in the context of the Act, only by the Parliament and not by the executive. If Section 145 (2) of the Act as amended is not so read down it would be ultra vires the Act and Article 141 read with Article 144 and 265 of the Constitution.

GST on GTA: Clarification from Ministry of Finance on 3 Issues

November 8, 2017 3912 Views 0 comment Print

Clarification from the ministry of finance for the GTA business on the following topics: – 1. Inter-branch transaction 2. Sale of the 2nd hand truck 3. Definition of person for vertical registration

Section 2(22)(e) does not extend to, or broaden concept of, a shareholder

November 8, 2017 4788 Views 0 comment Print

CIT Vs. Madhur Housing And Development Co (Supreme Court) The impugned judgment and order dated 11.05.2011 has relied upon a judgment of the same date by a Division Bench of the High Court of Delhi in ITA No. 462 of 2009 in the case of CIT Vs. Ankitech Pvt Ltd . Having perused the judgment […]

Statutory time limit is applicable to claim of refund of service tax paid mistakenly

November 8, 2017 17181 Views 0 comment Print

The Bangalore bench of the CESTAT, last week ruled that limitation cannot be invoked for denying refund of service tax paid by assessee by mistake under the provisions of Finance Act, 1994.

Service Tax paid through Banking Channel cannot be deemed as Unexplained

November 8, 2017 906 Views 0 comment Print

Assessee has paid the service tax amount through banking channel. Challans of the payment of tax were placed on record before the assessing authority. The source of alleged service tax amount is well explained in the books of account.

Service Tax Paid on rent can be claimed as deduction from business Income

November 8, 2017 2343 Views 0 comment Print

DCIT Vs. M/s. Chadha Builders & Properties (ITAT Delhi) Service Tax is not an allowable deduction from Income from house property. But it is true that the assessee has paid Service Tax & it was not recovered from tenants and it has also filed the return of service tax. Service tax has been paid into […]

Advance to Directors for Land Purchase cannot be treated as Deemed Dividend

November 8, 2017 4110 Views 0 comment Print

The Income Tax Appellate Tribunal, Visakhapatnam, recently ruled that advances given to the directors of a Company for purchase of land cannot be treated as deemed dividend Under section 2(22)(e) of the Income Tax Act, 1961 since the land is transferred to the company within time.

FM assures GSTBA of Simplification in GST Procedures

November 8, 2017 4596 Views 2 comments Print

We are suggesting that GST IT system does not accept returns promptly. It takes at least 2 – 3 hours to accept a single return. In certain cases, returns have not been accepted even after 2 days. Due to problems faced by taxpayers last date for filing of all Forms/Returns should be extended till the time IT related issues have been sorted out.

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