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Archive: January, 2018

Posts in January, 2018

Cleaning of railway coaches cannot be considered as cleaning of commercial premises

January 22, 2018 2019 Views 0 comment Print

The coaches are rolling stock of railways. They are for transport mode and cannot fall under the commercial object of industrial building, factory, plant or machinery, etc. The interpretation of the original authority is far fetched and not sustainable in view of the plain meaning of the statutory definition for tax entry.

Clarify on reporting of share Capital transaction in Form 3CEB: ICAI

January 22, 2018 24588 Views 0 comment Print

Clause 16 of the Form 3CEB requires the reporting of particulars in respect of the purchase or sale of marketable securities, issue and buyback of equity share, optionally convertible/ partially convertible/ compulsorily convertible debentures/ preference shares.

Agreement with foreign countries or specified territories Section 90- Tax treaties vis-a-vis the Act

January 22, 2018 1296 Views 0 comment Print

Section 90(2A) of the Act provides that notwithstanding anything contained in Section 90(2) of the Act, the provisions of Chapter X-A i.e. GAAR shall apply to the taxpayer even if such provisions are not beneficial to the taxpayer.

Increase Domestic transfer pricing audit limit to INR 50 crores: ICAI

January 22, 2018 21531 Views 0 comment Print

The existing provisions under Section 92BA of the Income-tax Act, 1961, require an assesse to comply with the transfer pricing provisions if the aggregate of the Specified Domestic Transactions exceeds INR 20 crore during an assessment year.

Rationalise penalty for non-furnishing of Country by Country report

January 22, 2018 2871 Views 0 comment Print

The deadline for filing the CbyC report in India is 30 November 2017 for first covered FY 2016-17 i.e. only 8 months post the end of FY 2016-17 have been provided to the taxpayers to prepare and furnish the CbyC report.

Address concerns on Interpretation of ‘terms’ used in tax treaties U/s. 90/90A but not defined in such treaties

January 22, 2018 2442 Views 0 comment Print

Under the existing provisions of Section 90 of the Act, power has been conferred upon the Central Government to enter into a tax treaty with the Government of any country outside India for granting relief in respect of income on which income-tax has been paid both under the said Act and Income-tax Act in that foreign country

Entry level requirements for filing Settlement Application

January 22, 2018 6069 Views 0 comment Print

Pre- Conditions for filing Settlement Application- Pendency of the ‘Case’ – 245A(b)- Assessments must be pending or deemed to be pending (in case where reopening is permissible but notice has not been issued) before the Assessing Officer at the time of filing settlement application

Applicability of EC & SHEC on rates specified under DTAA needs to be clarified: ICAI

January 22, 2018 14781 Views 0 comment Print

Under the Income-tax Act, 1961, Education cess and Secondary and Higher education cess are imposed on account of the provisions contained in sub-section (12) of Chapter III of the Annual Finance Act which provides the rates of income-tax.

Section 80TTA- Allow deduction of Interest on all types of deposits

January 22, 2018 3063 Views 1 comment Print

Section 80TTA was inserted by the Finance Act, 2012 to provide deduction of up to Rs.10,000 in the hands of individuals and HUFs in respect of interest on savings account with banks, post offices and co-operative societies carrying on business of banking.

Section 80U: Incorporate Rights of Persons with Disabilities Act, 2016

January 22, 2018 1983 Views 1 comment Print

Section 80U, inter alia, provide for a deduction to an individual, being a resident, who, at any time during the previous year, is certified by the medical authority to be a person with disability.

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