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Archive: 20 March 2019

Posts in 20 March 2019

Start your business as a Sole Proprietorship Firm

March 20, 2019 6789 Views 2 comments Print

In this write I am sharing my knowledge and understanding about Proprietorship Firm,  Sole Proprietorship is a business or an establishment which is run by a single person. He or she, in whose name the business is run, is responsible for the enterprises. The sole proprietorship type is the favorite business form for small entrepreneurs. […]

Impact of Supreme Court decision on PF wages and its impact

March 20, 2019 25431 Views 3 comments Print

Most of the establishments consider Basic wages and Dearness Allowance for PF contribution by the employee and the employer, since The EPF Act is in force. (more than 65 years.) The Honorable Supreme Court has given a decision on 28-02-2019 about which allowances are to be included in addition to Basic + DA, in PF wages for contribution […]

Payment of professional fee to trustees who are doctors allowable

March 20, 2019 3858 Views 0 comment Print

rofessional fee paid to the trustees, who were qualified doctors were allowable as deduction as it could not be held to be for the direct or indirect benefit of trustees.

Section 54 not restrict exemption to sale of one residential house

March 20, 2019 2223 Views 0 comment Print

ACIT Vs Mr. Bipin N. Sagar (ITAT Mumbai) Appellant has stated that the transfer is of one residential house. The three adjoining flats were merged and made it one residential house not by the Appellant but by previous owner. The Appellant ever since the date of purchase used it as one residential house. There is […]

No section 271C Penalty if TDS duly deducted & remitted at year end

March 20, 2019 1539 Views 0 comment Print

Where assessee duly deducted tax at source under section 194C at the end of the year and remitted the same to Government account, the penalty imposed under section 271C for assessee’s failure to deduct tax at source and remittance to Government account, would not be sustainable.

Penalty U/s. 271B justified for submitting Bogus audit report to get bank loan

March 20, 2019 1797 Views 0 comment Print

 Where assessee, in order to get a bank loan, submitted a bogus audit report from CA and showed fake turnover in his return of income, imposition of penalty under section 271B for non-compliance of section 44AB was justified.

TCS not deductible if buyer declares use of goods for Manufacture

March 20, 2019 15111 Views 0 comment Print

ACIT Vs M/s. Bansal Ship Breakers P. Ltd. (ITAT Ahmedabad) Any person responsible for collecting taxes (TCS) under section 206(1) need not to do so if he obtains a declaration from the buyer that he is purchasing the goods for re-use in manufacturing process or producing article or things. It does not say that such […]

USA Federal & state tax eligible for tax credit under Income Tax Act, 1961

March 20, 2019 7071 Views 0 comment Print

Assessee was eligible to claim tax credit both federal as well as state taxes paid on the income earned during the year as section 91 did not discriminate between State and Federal taxes, and in effect provides for both the types of Income-taxes to be taken into account for the purpose of tax credits against Indian Income-tax liability.

Validity of addition for share application money merely based on surmises not valid

March 20, 2019 759 Views 0 comment Print

Pr. CIT Vs Narang Construction & Finance (P) Ltd. (Delhi High Court)  The materials on record showed not mere superficial details like PAN, ROC, etc., but further facts relating to the bank accounts of the share applicants were also there. The share applicants were entering into proper commercial transactions and were not per se forged, bogus or […]

In case of Contract Sales Tax Liability pre GST implementation gets extended to GST afterwards

March 20, 2019 1194 Views 0 comment Print

Jilmon John Vs State of Kerala (Kerala High Court) I am of the considered view that, there is a stipulation contained under clause 44 of Ext.P1 that, the Sales Tax as per Rules from time to time is liable to be paid by the petitioner and the rates quoted for various items remain unaffected by […]

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