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Archive: 20 March 2019

Posts in 20 March 2019

Why Agriculture, Rural Development & Healthcare Require a GST Council Type Structure?

March 20, 2019 1500 Views 0 comment Print

The GST was enabled by a Constitution Amendment which was unanimously approved by both the Houses of Parliament. Several legislations to implement the GST were passed by the Parliament. Laws relating to the State GST (SGST) were approved by all the State Legislatures.

Income Tax Department sets up control room for NER for LS Election

March 20, 2019 1176 Views 0 comment Print

The Income Tax Department (Investigation), NER has prepared itself to deal with any reported movement of unaccounted money ahead of the Lok Sabha elections. Pursuant to the notifications for holding Lok Sabha Elections 2019 by the Election Commission of India(ECI).

Statutory Dues including Income Tax, VAT etc. are Operational Debts under IBC

March 20, 2019 13464 Views 0 comment Print

Pr. Director General of Income Tax (Admn. & TPS) Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT) Conclusion – All statutory dues including ‘Income Tax’, ‘Value Added Tax’ etc. come within the meaning of ‘Operational Debt’ under the Insolvency and Bankruptcy Code 2016. Facts – According to appellant, the ‘Sales Tax’ and ‘Value Added […]

CIT(E) cannot examine Income application during Trust Registration U/s. 12AA

March 20, 2019 2577 Views 0 comment Print

Fateh Chand Trust & College Committee Vs CIT (Exemption) (ITAT Agra) Department Can Examine Only Object of the Trust and Not Application of Income at the Time of Granting of Registration of Trust FACTS – Assessee is society, engaged in running and maintenance of Fateh Chand Inter College. College is fully aided by UP Government […]

TDS Not deductible on Passenger Service Fees Collected by Airlines

March 20, 2019 8862 Views 0 comment Print

SF cannot be considered to be a payment made by the assessee airline. PSF is a payment made by the passenger which is only routed through the assessee airline. It is undisputed that the amount handed over by the assessee airline to the Airport Operators has also not been claimed as expenditure by the asssesee in its books of account.

No addition U/s 68 in absence of incriminating material during search

March 20, 2019 852 Views 0 comment Print

No addition could have been made u/s 68 of the Act in view of the fact that no incriminating material was found during the course of search to which this impugned addition could be related.

Life Cycle of Partnership Firm: From Initiation to Taxation each year

March 20, 2019 4821 Views 0 comment Print

Article explains Registration Procedure Taxation of Partnership Firms /LLP which includes Income Tax Rate applicable and Provisions related to -Interest and Remuneration to Partners/Designated Partners, Conditions for assessment as a firm, Partners’ assessments, Losses of the firm. -Due dates for filing return of firm, Allowability of remuneration and interest vis-a-vis presumptive . -ITR Filing For […]

Opening Liaison Offices in India

March 20, 2019 8409 Views 0 comment Print

Prospective companies and investors looking to enter India must carefully consider their options for investment and available avenues for establishing a business presence in India. Foreign Investor or Foreign companies can open a liaison office in India for promoting and facilitating the parent company business activities and which can act as best, a communication channel […]

Analysis of the 34th GST Council Meeting Decisions

March 20, 2019 5292 Views 0 comment Print

Before analyzing the 34th GST Council meeting decisions, let us look at the key decisions of the 33rd GST Council meeting. The 33rd GST Council meeting held on 24th February 2019 proposed the rates of tax for the Construction sector being: 1. 5% without ITC on residential properties outside affordable segment 2. 1% without ITC […]

Supply to/from Duty Free Shops- GST Implication

March 20, 2019 6660 Views 0 comment Print

There has been a confusion as to whether supply by duty-free shops or supply to duty-free shops in India attracts GST or not. This paper is an attempt to understand the legal position in the light of prevailing law and recent judgments. Under the provisions of erstwhile Central Sales Tax Act, an issue had arisen […]

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