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Archive: 22 August 2018

Posts in 22 August 2018

Compliance required u/s 151 r.w.s. 148 of Income Tax Act, 1961

August 22, 2018 24834 Views 3 comments Print

As per section 151, no notice shall be issued under section 148 by an Assessing Officer, after the expiry of a period of four years from the end of the relevant assessment year, unless the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner is satisfied, on the reasons recorded by the Assessing Officer, that it is a fit case for the issue of such notice. And in any other case no notice shall be issued under section 148 by an Assessing Officer, who is below the rank of Joint Commissioner, unless the Joi

Treatment of Cessation of Liabilities – Section 41 – Case Laws

August 22, 2018 48835 Views 0 comment Print

Section 41(1) provides for taxing any amount benefit which was obtained by a person with respect to any loss, expenditure or trading liability incurred in any earlier Assessment Years. The Section is re-produced as under

How to File Revised Income Tax Return in case of e-filed I-T Return

August 22, 2018 28479 Views 17 comments Print

The process of filing a Revised Return is the same as filing an Original Return. The ONLY difference is that in the Excel utility (Return Preparing Software), you need to select the ‘Revised’ return option and provide the Original e-Filing Acknowledgement number and Date of filing the Original return. Further, the assessee is required to select the section of return filing as u/s 139(5).

Know About Payment of Gratuity Act 1972

August 22, 2018 107094 Views 19 comments Print

Gratuity is lump sum payment made by an employer to an employee in consideration of his past service when the employment is terminated. It is paid for long and meritorious services rendered by an employee. With enactment of Payment of Gratuity Act, 1972, gratuity payment has become mandatory and in case of non application of gratuity Act, the employee can claim gratuity under terms of contract of employment.

Input tax credit under GST on supply of Goods or Services

August 22, 2018 3762 Views 0 comment Print

The meaning of Input Tax Credit can be understood easily if we break the words input and tax credit. Here input is referred to the materials or services that a manufacturer/Supplier of services procures in order to manufacture a taxable product or to render a taxable service. The word ‘Tax credit’ means the tax paid on the purchase of inputs (goods to be used in taxable supply) which can be used to reduce the output tax (Tax to be paid on the supply of goods or services).

Section 115BBE and Section 68 – Taxing the unexplained!

August 22, 2018 373124 Views 16 comments Print

This Article aims at highlighting the unsung provisions of Section 115BBE of the Income-tax Act, 1961 (Act), applicable from AY 2013-14 onwards and surfacing some practical concerns surrounding its applicability and further amendments made to this section.

Expense for Higher Education of Directors’ Son not allowable as Business Expenditure

August 22, 2018 4401 Views 0 comment Print

Indian Galvanics Cyrium Foils Ltd. Vs DCIT (Bombay High Court) In the case in hand, Appellants-Assessee is a company manufacturing copper foils. Son of one of the directors was sent to USA for completing course in Business Administration which was ‘general’ in nature and had no direct nexus with the business activities of the Appellant-Assessee. Appellants did not place […]

Representation on Revised Tax Audit Report in Form 3CD for AY 2018-19

August 22, 2018 33183 Views 0 comment Print

It is submitted that Since Form 3CD (an annexure to Form 3CA) is merely verified by the tax auditor, it cannot be continually amended so as to stretch the role of the tax audit professional to that of an investigator who passes value judgments on matters like impermissible avoidance arrangements and income chargeable to tax under section 56(2)(x) of the Income-tax Act, 1961 (‘ITA’).

Debit Note under Goods and Services Tax (GST)

August 22, 2018 4842 Views 1 comment Print

As per 34(3) where a tax invoice has been issued for supply of any goods and service or both and the taxable value or tax charged in the tax invoice is found to be Less than the taxable value or tax payable in respect of such supply, the registered person who has supplied such goods or service or both, shall issue to the recipient a Debit note containing such particulars as may be prescribed.

Section 68 Bogus share capital: Addition justified on failure to establish identity

August 22, 2018 1809 Views 0 comment Print

J. J. Development Pvt. Ltd Vs. CIT (Calcutta High Court) Section 68 Bogus share capital:  The appellant-assessee has referred to a judgment of this Court reported at 114 ITR 689 for the proposition that upon the identity of the person who has put in the money being established by the assessee, the onus is on […]

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