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Archive: 31 July 2018

Posts in 31 July 2018

Education cess cannot be disallowed u/s 40(a)(ii)

July 31, 2018 22005 Views 2 comments Print

Chambal Fertilisers And Chemicals Ltd Vs JCIT (Rajasthan High Court)  The assessee is of the considered opinion that the education cess and secondary & higher education cess (collectively called as education cess) are not a “tax” and hence not disallowable u/s 40(a)(ii) of the Act on the basis of following submission:- (1) That on a plain reading of the above […]

Service Tax payable on Corporate Guarantee Commission

July 31, 2018 10902 Views 0 comment Print

Olam Agro India Ltd. Vs C.C.E (CESTAT Delhi) A corporate guarantee is used when a corporation agrees to be held responsible for completing the duties and obligations of debtor to a lender, in case the debtor fails to comply with the terms of the debtor- lender contract. Whereas a bank guarantee is a promise from […]

Taxability of Income from Real Estate

July 31, 2018 53021 Views 2 comments Print

Real Estate is an ever green investment option in India and it has always given good returns. It can be a residential or commercial property. Real Estate gives recurring income in form of rent and appreciation in value in case of re-sale. As it gives good return, so taxability of income earned from real estate too arise. Taxability of income from real estate can be explained as below.

Sec. 40A(3) applies only to revenue expenditure debited to P&L account

July 31, 2018 10752 Views 0 comment Print

Kalyan Constructions Vs ITO (ITAT Hyderabad) Provisions of Section 40A(3) mention that where an assessee incurs any expenditure in respect of which payments were made to a person otherwise than by way of crossed cheque or account payee cheque, no deduction shall be allowed in respect of such expenditure. It is humbly submitted that when the […]

7 Post-Budget Suggestions on Custom and GST Law

July 31, 2018 1350 Views 0 comment Print

ICAI Submits post Budget 2018 Memorandum on Indirect Taxes and submit its suggestions on 1. Levy of Integrated Tax on goods remaining in Bonded warehouse, 2. Audit of assessment of imported or exported goods, 3. Power to issue supplementary notice, 4. Communication of an order, decision, summon, notice etc. under Customs Act, 1962 through electronic mails., 5. Requirements for being an applicant of Advance ruling, 6. Sections 25A and 25B and 7. Appellate Authority for AAR.

Taxability of Gifts received from Relatives & Non Relatives

July 31, 2018 691518 Views 119 comments Print

If  an individual/Huf receives from any person or persons any gift , exceeding Rs. 50000 in any previous year, as per income tax laws, the aggregate amount shall be taxable as Income From Other Sources in the hands of individual or HUF U/s 56. The gift can be the following

Period of holding to count from the date of provisional allotment letter

July 31, 2018 2913 Views 0 comment Print

The word held used in section 2(14) implies right over a capital asset. In the instant case, right over the property was held by assessee for the period of 36 months, by paying first installment and builder issued a provisional letter of allotment and from that period, assessee had been enjoying legal right over the said property.

Income Tax Return Filing & Advance tax Due Dates

July 31, 2018 10772 Views 3 comments Print

Important dates for income tax return filing and advance tax due for individuals and businesses. Stay updated on the deadlines and avoid penalties.

TCS Rate Chart under Income Tax for F.Y. 2016-17 to 2018-19

July 31, 2018 18909 Views 1 comment Print

Article Compiles TCS Rates for F.Y. 2016-17 to 2018-19 under Section 206C of Income Tax Act, 1961 stating Nature of Payment, Threshold Amount, TCS Rate as applicable to Individual / HUF and others. It Provides TCS Rate on Scrap, TCS Rate on Tendu Leaves, TCS Rate on Timber obtained under a forest lease or other […]

House Rent Allowance (HRA) Vs. Rent Free Accommodations

July 31, 2018 70363 Views 14 comments Print

In case the House Rent Allowance (H.R.A.) is provided then there will be a tax savings (Please refer Valuation sheet for details). The above mentioned savings is mainly because of the methods Income tax act and Rules employs for valuation of taxability of H.R.A and Rent Free Accommodations (R.F.A.).

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