"16 June 2018" Archive

In absence of understanding between parties about reimbursement TDS is deductible on Salary paid to Staff

Power Plant Engineers Ltd. Vs ITO (ITAT Delhi)

Power Plant Engineers Ltd. Vs ITO (ITAT Delhi) It is apparent that the persons deputed by the recipient of the income were not routine employees, but were highly qualified and technical employees who were providing the head and brain’ to the assessee company. It cannot be said to be the reimbursement of salary expenditure when […...

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Interest on borrowed capital cannot be disallowed for Investment in subsidiaries out of Sufficient own funds

DCIT Vs Firstsource Solutions Ltd. (ITAT Mumbai)

Assessee held own funds of Rs. 23,580 lakhs, whereas investment in subsidiaries stood at Rs. 1,576 lakhs. Presumption in such case would be that assessee had used only its own funds for making investments. Further, there was commercial expediency in making said investments, hence no disallowance was called for....

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Audit fees provisions as per NABARD norms is allowable

DCIT Vs The Jhajjar Central Coop Bank Ltd. (ITAT Delhi)

DCIT Vs Jhajjar Central Coop Bank Ltd. (ITAT Delhi) Ld. Authorised Representative submitted that the provision pertained to audit fee payable to the statutory auditor for the ensuing year. It was further submitted that the statutory audit has to be carried out by a CA Firm recommended by NABARD and the audit fee is also […]...

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Remuneration paid to Management Graduates related to business is allowable

M/s. Hinduja Group India Ltd. Vs ACIT (ITAT Mumbai)

These are the appeals filed by assessee against the order of CIT(A)-12, Mumbai dated 30/05/2014 for A.Y. 2008-09 and A.Y. 2009-10 in the matter of order passed under Section 143(3) of the Income Tax Act (hereinafter the Act). In the A.Y. 2010-11, Revenue is in appeal before us with respect to disallowance of similar expenses....

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Dealer need not deduct TDS on Commission directly paid by Mobile Operator to Retailers

Shri Virendra Kumar Jain Vs The Income Tax Officer (ITAT Jaipur)

The assessee is an Individual and engaged in the business of trading in mobile and accessories including SIM card, pre-paid card etc. During the course of assessment proceedings, the AO noted that the assessee has shown the payment of commission of Rs. 16,41,989/- under section 40(a)(ia) of the Act without deduction of TDS...

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No Penalty can be levied for delayed filing of E-Returns If Manual Returns filed within Time

M/s. Ravel Electronics Pvt. Ltd. Vs CCE (CESTAT Chennai)

It is the case of the appellant that it did file its monthly ER-1 returns manually, without any delay but the respondent without verifying the same has imposed the penalty only on the ground that the ER-1 return was filed electronically beyond the prescribed time limit....

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Amount received for grant of user rights in a copyright software is royalty income

Elektrobit Automotive GmbH AM Vs Deputy DIT (ITAT Delhi)

Elektrobit Automotive GmbH AM Vs Deputy DIT (ITAT Delhi) It was held that license agreement as entered by the assessee itself points out the word royalty. Moreover, considering the facts of case, that license terms obliges the licensee to furnish to assessee monthly statement of supplied products to customers using his software and conseq...

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Interest on funds which are to be deployed for construction of plant in future cannot be treated as Income

Ms. Bank Note paper Mill India Pvt. Ltd Vs the Income Tax officer (ITAT Bangalore)

Ms. Bank Note paper Mill India Pvt. Ltd Vs ITO (ITAT Bangalore)  ITAT held that where the interest receipt is directly connected or incidental to working of construction of assessee plant, it should be reduced from the capital cost of project and not be treated as income. Statement provided by assesse in form of Annexure […]...

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Provisions not backed by any actual expenditure cannot be allowed as deduction

DCIT Vs Dia Vikas Capital Pvt. Ltd. (ITAT Delhi)

DCIT Vs Dia Vikas Capital Pvt. Ltd. (ITAT Delhi) On going through the above details from the assessee’s ledger account, it is seen that sum of Rs. 80,00,000/- is a provision made on 31.12.2008 against the consultancy fees. Similarly there is another item of Rs. 84,50,000/- which is again a provision for consultancy fee. This […]...

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Revised PAN & TAN application fees wef 16.06.2018

Refer to Circular No.: NSDL/TIN/2018/012 dated Jun 13, 2018, related to Revised PAN application fees . Income Tax Department (ITD) has decided to revise the PAN application fee to be collected from applicants. The PAN applicants shall now have the option to get a physical PAN card or an e-PAN card while submission of PAN applica...

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Posted Under: Income Tax |

Section 54F deduction not allowable if Purchase of new property not concluded

Mahesh Malneedi Vs ITO (ITAT Hyderabad)

Mahesh Malneedi Vs ITO (ITAT Hyderabad) As far as the assessee is concerned, he was aware of the bank loan and also the default committed by the vendor in repaying the loan. Thus, the property was not without an encumbrance as on the date of filing of the return and there was no certainty of […]...

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CBDT proposes amendments to Form No. 36, 36A and Rule 47

Income-tax Rules, 1962 (I.T.Rules) prescribe Form No.36 for filing an appeal to the Income Tax Appellate Tribunal (ITAT). Further, a memorandum of cross objections to the ITAT can be filed in Form No.36A. ...

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Posted Under: Income Tax |

Do you know your mutual fund investment can get you free life insurance cover as well

Though investing in equity through mutual funds via Systematic Investment Plan (SIP) is getting pace of late, mutual fund houses have been vary of the investor discontinuing the SIP when the market corrects or is volatile. So to ensure that the investors do not discontinue SIP, the mutual funds are offering free life insurance cover in...

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Posted Under: Income Tax |

DIN – Designated Partner – Existing LLP

Since last 5 month, Its became impossible to incorporate LLP where promoter doesnt having DIN and become impossible to appoint a person as designated partner in LLP (to a person doesnt having DIN). MCA has issued Companies (Appointment and Qualification of Directors) Rules, 2018 and e-form DIR-3 and DIR-6 will be revised w.e.f. 15th June,...

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Posted Under: Income Tax |

Indian subsidiary does not constitutes a PE in India: ITAT Delhi

M/s. Nokia Networks OY vs. JCIT (ITAT Delhi)

Whether the Indian subsidiary of the assessee constitutes Permanent Establishment (PE) of the assessee in India on account of ‘signing, networking, planning and negotiation of offshore supply contracts in India’? If yes, whether any profit is attributable to the same, and the quantum thereof?...

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Measurement of Distance Aerially After A.Y. 2014-15, Is it a Right Decision by CBDT?

CBDT issued Circular No. 17/2015-Income Tax dated 06.10.2015 regarding Measurement of the distance for the purpose of section 2(14)(iii)(b) of the Income-Tax Act for the period prior to the Assessment Year 2014-15....

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Posted Under: Income Tax |

Taxability of Domain Name registration services

Now, taxability of fees from domain name registration services has come under tax scanner. Recently, ITAT Delhi held that domain name registration fees received by Godaddy are taxable as royalty under Indian tax laws. ...

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Posted Under: Income Tax |

Interest Free Loan from Employer taxable as Salary: ITAT

Neha Saraf vs. ACIT (ITAT Mumbai)

In a recent decision made by ITAT, Mumbai in case of Neha Saraf vs. ACIT it has been decided that where an employee receives Interest Free loan from the employer it shall be taxable in the hands of the employee as salary as per the provisions of the section....

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Update on Companies (Management and Administration) Second Amendment Rules, 2018

Update on Companies (Management and Administration) Second Amendment Rules, 2018 1. Rule 13 & form MGT-10 shall be omitted – The change is due to implementation of Companies Amendment Act, 2017 wherein section 93 is omitted. Return of changes in shareholding position of promoters and top ten shareholders.- Every listed company shall...

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Posted Under: Income Tax |

Update on Significant Beneficial Ownership – Sec 90 r/w Companies (Significant Beneficial Owner) Rules, 2018

Significant Beneficial Ownership: Every individual, who acting alone or together, or through one or more persons or trust, including a trust and persons resident outside India, holds beneficial interests, of not less than 10% in shares of a company or the right to exercise...

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Posted Under: Income Tax |

GST Credit Calculator Utility

To arrive to the balances as per books of accounts, we have prepared GST Credit Calculator Utility wherein you need to key in the outward supply, ITC and other figures as per the books of accounts and you will automatically get the closing balances as per books of accounts so that the same can be verified while closing the books of accoun...

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Posted Under: Income Tax |

Cost Inflation Index for FY 2018-19/ AY 2019-20

Cost Inflation Index (CII) for FY 2018-19/ AY 2019-20 Notified by CBDT at 280 (Base Year 2001-02) In the case of transfer of short term capital asset, the amount of capital gains can be arrived at by deducting the cost of acquisition/ improvement from the sale consideration. However, in the case of transfer of long […]...

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Posted Under: Income Tax |

How Dept. perfectly settled ₹7000 crore GST refunds in only 9 days?

It is no exaggeration that our country is good to go to witness a kind of fiscal revolution. Obviously, the all-new period of the Goods and Service Tax regime the antecedent of this fiscal revolution, as can be unmistakably seen from the immense GST accumulations and increment in the compliance rate....

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Procedure to convert partnership firm/LLP into Company

Section 366 of the Companies Act, 2013 deals with Part I Companies that includes conversion of any partnership firm (Firm), limited liability partnership (LLP), cooperative society, society or any other business entity formed under any law for the time being in force....

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Posted Under: Income Tax |

Value of supplies in certain cases under GST Regime

a) Be the open market value of such supply; b) If the open market value is not available under clause (a), be the sum total of consideration in money and any such further amount in money as is equivalent to the consideration not in money, if such amount is known at the time of supply;...

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Posted Under: Income Tax |

Annual Report of Listed Company

There are followings points that to be considered while preparing the Annual Report of the Listed Company....

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Posted Under: Income Tax |

Determination of Composite and Mixed Supplies in GST

Introduction The applicability of GST requires determination of each transaction as supply of ‘goods’ or supply of ‘services’. However, many a times the nature of transactions are such that they cannot be clearly classified as the supplies are bundled. It could take the following forms: Bundle of two or more goods: Keyboard and mo...

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Posted Under: Income Tax |

Compliances for FDI in India (RBI and Companies Act, 2013)

Compliance For Issuance Of Shares Under FDI In India: A. Compliance under Master Directions issued by RBI: 1. On receipt of payment from outside India, an Advance Remittance Form (ARF) is required to be filed online (www.ebiz.gov.in) within 30 days intimating RBI about receipt of money for such purpose alongwith KYC and FIRC received from...

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Posted Under: Income Tax |

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