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Archive: 25 January 2018

Posts in 25 January 2018

Define Profit level indicators to avoid adoption of different approaches

January 25, 2018 888 Views 0 comment Print

PLIs are ratios between the operating profits and operating costs / operating revenue /capital employed. It provides a sound basis to match operating profits of the company with that of the unrelated companies.

Assessee is entitled to deduction for payment of gratuity to LIC

January 25, 2018 14760 Views 0 comment Print

In the instant case the assessee has made the payments to the LIC towards group gratuity scheme directly in approved schemes. The assessee has also obtained the policy in favor of the bank. The assessee has no control over the funds contributed to LIC towards the gratuity.

Deduction U/s. 54F cannot be denied for construction of house on land owned by mother

January 25, 2018 12081 Views 0 comment Print

Merely because the new house is constructed on a plot of land owned by the mother of the assessee will not disentitle the assesee for claim of deduction u/s 54F of the Income Tax Act.

S. 2(47) | Holding period | Time of agreement to sale vs. execution of sale deed

January 25, 2018 4143 Views 0 comment Print

Holding period for purpose of transfer u/s 2(47) was to be considered from the time of agreement to sale instead of execution of sale deed

Penalty cannot be imposed for Bonafide omission during return filing, surfaced during Section 148/148 Assessment

January 25, 2018 3405 Views 0 comment Print

In the instant case, nothing is on record to show that there was any malafide intention on the part of the assessee to conceal the income or furnish inaccurate particulars of income and there was an omission while filing the return of income which was rectified through challan on the very date of passing the assessment order.

Clarify on carry forward of MAT credit expiring on or before AY 2016-17

January 25, 2018 7578 Views 0 comment Print

The Finance Act, 2017 amended section 115JAA of the Income-tax Act, 1961 to provide that the tax credit in respect of Minimum Alternate Tax (MAT) paid by companies under section 115JB of the Act can be carried forward up to fifteenth assessment year immediately succeeding the assessment year in which such tax credit becomes allowable.

Advance Ruling under Goods and Service Tax: FAQs

January 25, 2018 5041 Views 0 comment Print

What is the meaning of Advance Ruling under GST? An ‘advance ruling’ means a decision provided by the authority or the Appellate Authority to an applicant on matters or on questions specified in section 97(2) or 100(1) of CGST/SGST Act as the case may be, in relation to the supply of goods and/or services proposed to be undertaken or being undertaken by the applicant. (section 95 of CGST/SGST Law and section 12 of UTGST law) Authority for Advance Rulings(AAR) are appointed under the respective SGST/UTGST Act(s) and the same are deemed to be the Authority for advance ruling under CGST Act also in respect of that State or Union territory.

Supply of goods imported into territory of India, till they cross customs frontiers of India is supply in the course of inter-State trade or commerce

January 25, 2018 5130 Views 0 comment Print

In Re. M/s Parsan Brothers (GST AAR Andhra Pradesh) As per Section 7 (2) of the Integrated Goods and Service Tax Act, 2017– Supply of goods imported into the territory of India, till they cross the customs frontiers of India, shall be treated to be a supply of goods in the course of inter-State trade […]

Section 115JB Amend & clarify on taxability of waiver of Principal amount by banks/ NBFC

January 25, 2018 9150 Views 0 comment Print

Presently, there is increased focus on resolution of large NPAs faced by banking sector. The Government and RBI are vigorously pursuing several measures to reduce NPAs through different debt-restructuring schemes.

GST payable on outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships

January 25, 2018 2556 Views 0 comment Print

M/s Fairmacs Ship Stores Private Limited (GST AAR Andhra Pradesh) (i) The applicant are not exempted from tax under GST on their outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships (ii) The applicant can collect the applicable GST from their customers, in case it […]

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