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Archive: 25 May 2018

Posts in 25 May 2018

RTI Information seeker cannot resort to penalty proceeding U/s. 20 RTI Act, 2005

May 25, 2018 5646 Views 0 comment Print

It is held that The information seeker is only entitled for damages and cost, if any, as there is no provision in the Act of 2005 for payment of penalty or part thereof recovered from Erring Information Officer to the information seeker and therefore information seeker cannot as a matter of right claim audience in the penalty proceedings which are between the Commission and Erring Information Officer

Safe Harbor Rules – Transfer Pricing

May 25, 2018 26421 Views 0 comment Print

The revised SHRs apply for AY 2017-18 and two immediately following AYs i.e. upto AY 2019-20. The earlier SHRs were applicable from AY 2013-14 and four immediately following AYs i.e. upto AY 2017-18. For AY 2017-18, the taxpayer can choose from old or new rules whichever are more beneficial.

Marketing Intangibles- Transfer Pricing Challanges

May 25, 2018 11070 Views 1 comment Print

Marketing activities undertaken by one enterprise not owning the trademark or brand name lead to the creation of marketing intangibles for the legal owner of such trademark or brand name. Indian enterprises having the right to use the brand name owned by their associated enterprises incurs the advertisement, marketing and promotional expenses (AMP Expenses) to get the benefit in the form of increased sales, higher profit etc. This in turns benefit the legal owner of the brand name i.e. associated enterprises.

Business Codes For ITR Forms For A.Y 2018-19

May 25, 2018 1816899 Views 184 comments Print

CBDT has changed nature of business codes for income tax return forms from A.Y. 18-19. Before filing of Income tax return ensure correct business sector along with correct business code has been selected.

Reverse Charge Mechanism Under Goods & Services Tax (GST )

May 25, 2018 63816 Views 8 comments Print

There are two scenarios provided in law when reverse charge is applicable. Section 9(3) and 9(4) of CGST/ SGST (UTGST) Act, 2017 and Section 5(3) and 5(4) of IGST Act, 2017 deals with reverse charge mechanism. Scenarios when reverse charge is applicable are as follows:

Officer Interface For Rectification of Errors In Respect of IGST Refund

May 25, 2018 2391 Views 2 comments Print

Kind Attention Is Invited To All Exporters/Trade Associations That The Board Has Devised A Mechanism For Rectification/Correction Of Errors Through Officer Interface For Sanction Of IGST Refund In The Following Cases. The Exporters Are Advised To Approach The Customs At The Respective Ports/ICDs For This Purpose.

GST: Completion Certificate or first Occupancy- An Understanding

May 25, 2018 64836 Views 7 comments Print

One needs to thus understand as to when the completion certificate is issued and also when will first occupation take place. Only then can one determine the relevant date after which sale of units where entire consideration is received after such relevant date will not be subjected to GST.

Interest on housing loan used for advancing loans can be claimed against Interest Income

May 25, 2018 1656 Views 0 comment Print

These are the appeals filed by the different assessees against the separate orders of the ld. CIT(A) Ajmer dated 05/10/2017 for the A.Y. 2013-14 in the matter of order u/s 143(3) of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’, for short

45% profit from educational activities establishes profit motive of trust and exemption U/s. 11 cannot be allowed

May 25, 2018 4269 Views 0 comment Print

Where assessee- trust was earning profit up to 45% from its educational activities, it was clearly proved that it was existed for profit because profit up to 15% could be said reasonable and legitimate, hence, addition was rightly made.

TDS U/s. 195 not deductible if Commission Income of Foreign Agent not Taxable in India

May 25, 2018 27402 Views 0 comment Print

DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad) ITAT held that the Commission income in the hands of foreign agent is not chargeable to tax in India in the given facts & circumstances and Once an income is not chargeable to tax in India then the question of deducting TDS under the provision of […]

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