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Archive: 11 February 2019

Posts in 11 February 2019

CBDT denies charges of angel Tax Recovery from Travel Khana

February 11, 2019 942 Views 0 comment Print

It has come to the notice of CBDT, through some media reports that Rs. 36 lakh have been recovered from a startup, namely, Travel Khana as part of recovery of outstanding demand on account of Angel Tax. It has been alleged that this was in violation of the CBDT instructions dated 24th December, 2018 pertaining to recovery of dues in Angel Tax cases.

Gujarat HC allows Rebate of Excise Duty to Petitioner in Cash instead of Cenvat Credit in post GST regime

February 11, 2019 1755 Views 0 comment Print

The Gujarat HC conclusively held that the Respondent ought to have directed the sanctioning Authority to refund the duty of the amount in cash instead of credit in the CENVAT account and for the foregoing reasons, the Petition was allowed to succeed.

Electronic Voting Machine (EVM) is an ‘information’ under RTI Act

February 11, 2019 732 Views 0 comment Print

Razaak K Haidar Vs CPIO (Central Information Commissioner) EVM which is available with the respondent in a material form and also as samples, as admitted by the respondent during the hearing, is an information under the RTI Act. The Commission also notes that as per the respondent, the software installed in the EVM is an […]

ITAT on Eligibility of Education expenses by company for its Director

February 11, 2019 8103 Views 0 comment Print

Expenditure incurred by assessee on education of director was incurred in furtherance of assessee’s business interest and hence, allowable.

GST on Tour Operators & Travel Agents

February 11, 2019 276609 Views 21 comments Print

Major Source of Income of Tour Operator & Travel Agents: 1. Commission from Airlines’ & any mark up amount from passengers. 2. Sale Tour Packages, both inbound and outbound 3. Travel Related Services like Visa, Passport etc. 4. Hotel Bookings 5. CAR Rental Services, Travel Insurance 6. Railway Reservations 1. Air Ticket & Commission from […]

UDIN Applicable And Not Applicable List

February 11, 2019 198735 Views 38 comments Print

UDIN APPLICABLE & NOT APPLICABLE LIST AS PER PDC-ICAI ■ APPLICABLE LIST: (i) Certificates issued on the basis of Financial books of accounts and annual financial statements-Capital Contribution Certificate/net worth certificate (ii) Certificates issued on the basis of Financial books of accounts and annual financial statements – Turnover Certificate (iii) Certificates issued on the basis […]

GSTR2A matching Vendor related issues

February 11, 2019 7437 Views 2 comments Print

All of us have now gone through one cycle of GST credit matching i.e. for the nine months of Finance year 2017-18. I am sharing the experience I had so far related to the common mistakes made by vendors while uploading their returns  across states. These observations can be used by the reader in developing […]

Deductibility of Cess paid on Income Tax

February 11, 2019 13938 Views 2 comments Print

In this article, an effort has been made to contend that the cesses payable are a deductible expense under section 37(1) r.w. section 40(a)(ii) of the Income tax Act, 1961 (hereinafter referred to as the ‘Act’). It is well settled that the cess levied on indirect taxes is an allowable expenses and thereby the sole focus of the article lies on cess payable under the Income tax Act.

Delay GSTR-3B Return: Pay Interest on Gross liability sans ITC Set off 

February 11, 2019 14376 Views 1 comment Print

In this article, we would study what constitutes this delayed payment of taxes. Is it the net tax liability after adjustment of input tax credit or the Gross tax liability before set off of input credit available in the Electronic credit ledger.

No Anti profiteering on sale of Jockey Socks as tax rate was same pre & post-GST

February 11, 2019 1098 Views 0 comment Print

Kerala State Screening Committee on Anti-profiteering Vs M/s Sudarsans (NAA) DGAP has submitted in his report that the rate of tax on the product (Jockey Socks 7052 FS ASSTD) remained same in the pre-GST and the post- GST era. Moreover, the pre-GST and post-GST base prices (excluding tax) had remained the same. Therefore, the provisions […]

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