"30 April 2019" Archive

CBDT to share ITR Data with GSTN

F. No. 225/105/2019/ITA.II (30/04/2019)

CBDT  hereby directs that Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems), New Delhi shall be the specified income-tax authority for furnishing information respecting  assessees to the Nodal Officer, GSTN....

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GST exemption on upfront amount payable in installments for long term lease of plots

Circular No. 101/20/2019-GST (30/04/2019)

Representations have been received by the Board seeking clarification regarding admissibility of GST exemption on the upfront amount which is determined upfront but is paid or payable in installments for long term (thirty years, or more) lease of industrial plots or plots for development of financial infrastructure under Notification 12/2...

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GST Applicability on Seed Certification Tags

Circular No. 100/19/2019-GST (30/04/2019)

The matter has been examined. It is seen that the process of seed testing and certification followed in the state of Tamil Nadu, as prescribed in the Seeds Act, 1966 and elaborated in the Manual on Seed Production and Certification, published by Centre for Indian Knowledge Systems, Chennai, involves the following steps:...

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No disallowance U/s. 14A for interest to partners as per partnership deed

M/s ASK Partners Vs ACIT (ITAT Jaipur)

M/s. ASK Partners Vs ACIT (ITAT Jaipur) The interest paid by the firm and claimed as deduction is simultaneously susceptible to tax in the hands of its respective partners in the same manner. In the same vain, the firm is merely a compendium of its partners and its partners do not have separate legal personalities under […]...

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No Tax on Amount received by a partner on his retirement from firm

Pr. CIT Vs Smt. Hemlata S Shetty (Bombay High Court)

Pr. CIT Vs Smt. Hemlata S Shetty (Bombay High Court) Amount received by a partner on his retirement and the partnership firm is not subjected to tax in the retiring partner’s hands in view of Section 45(4) of the Act. The liability, if any, to pay the tax is on the partnership firm in view […]...

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Employees Benefits provisions allowable in book profit computation

Mercury Car Rentals Pvt. Ltd. Vs DCIT (ITAT Kolkata)

Mercury Car Rentals Pvt. Ltd. Vs DCIT (ITAT Kolkata) It is noted that the provisions in respect of gratuity, leave encashment, ex-gratia & bonus were created on actuarial basis and had been estimated with reasonable certainty. Accordingly such provisions cannot be said to be provisions of unascertained liabilities so to add it back un...

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Income Tax on Interest Income of Non Resident

TAXATION OF INTEREST ON DEPOSITS MADE BY NON RESIDENTS IN INDIAN BANKS AND ON LOANS GIVEN BY FIIs/FPIS TO INDIAN CORPORATES Q.1 Whether interest income of non resident individual with regard to the deposits made in any bank in India is taxable in India ? Ans. Yes, the interest income of non resident individual whether […]...

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Posted Under: Income Tax |

Fast Track Merger A Complete Guide

Fast Track Merger (Section 233)  is that Form of merger which can be carried out without complying provisions of Section 230 & Section 232 of Companies Act 2013. TYPES OF COMPANIES THAT CAN GO FOR FAST TRACK MERGERS 1. Two or more small companies, 2. Holding and its wholly owned subsidiary Company 3. Such class […]...

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Posted Under: Income Tax |

Significant Beneficial Ownership (SBO)

The Ministry of Corporate Affairs (MCA) has amended the Significant Beneficial Ownership (SBO) rules for companies under the Companies Act, 2013 which would now help identify entities that might be controlled from outside the country, It has been titled the new amended SBO rules as Companies (Significant Beneficial Owners) Amendment Rules...

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Posted Under: Income Tax |

GST payable on membership/admission fees collected by Rotary Club

In re Rotary Club of Mumbai Queens Necklace (GST AAR Maharashtra)

In re Rotary Club of Mumbai Queens Necklace (GST AAR Maharashtra) Q.1:- The questions/ issues before Your Honor for determination is whether the amount collected as membership subscription and admission fees from members is liable to GST as supply of services? Answer :- Answered in the affirmative, in view of the observations/discussions ...

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No law barring Partners to draw Remuneration from multiple Firms

Ms. Sachi Sarees Vs ACIT (ITAT Kolkata)

Ms. Sachi Sarees Vs ACIT (ITAT Kolkata) There is no law which prohibits a person to work in more than one partnership firms and draw remuneration therefrom. All that Section 40(b) requires is that the remuneration should be paid to a working partner and there is no prohibition either in the Income-tax Act, 1961 or […]...

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ITC on Repairing &Furniture & Fixture repairing work to Hotel

In re M/s Rambagh palace Hotels Pvt. Ltd. (GST AAR Rajasthan)

In re M/s Rambagh palace Hotels Pvt. Ltd. (GST AAR Rajasthan) Q1 Building Repair Work Q1.1 Whether GST paid on building materials, such as cement, concrete, bricks, cement or marble or stone slabs or tiles, paint, polish and any other building materials meant for repair of building shall be available for ITC? Answer- ITC will […]...

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New ITC Set Off Rules under 88A | Relaxation from existing draconian proviso

Brief Background of Input Tax Credit and it’s provision Input Tax Credit “Input Tax” in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both and includes 1. the integrated goods and services tax charged on import of […]...

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Posted Under: Income Tax |

Extension of Due Date of INC 22A

MCA introduced new e-form INC 22A– also known as e-Form ACTIVE (Active Company Tagging Identities and Verification) by issuing Companies (Incorporation) Amendment Rules, 2019. Which was last date of filing of this form 25th April 2019; failing to file could have entailed a penalty of INR 10,000. Government has finally extended the due d...

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Posted Under: Income Tax |

Penalty U/s. 271(1)(c) justified on income disclosed during survey

Kashish Enterprise Vs ITO (ITAT Rajkot)

Assessee did not disclose income voluntarily but it was disclosed in pursuance to survey conducted under section 133A. Had there not been survey, the assessee would not have offered such undisclosed income, penalty under section 271(1)(c) was correctly levied by AO....

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Uttar Pradesh RERA Compliances Quarterly and Annually with recent changes

Additional Disclosures on the Webpage on the website of Authority and Project Land Site; in addition to Section 4, 11, of the RERA Act and Rule 3, the promoter shall upload following details on his webpage on the website of the Authority;...

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Posted Under: Income Tax |

Changes in taxation of Works contracts service under Real Estate

Arjuna, recently the new taxation procedures and rates were  notified in relation to real estate industry. These notifications have also brought changes in the construction services provided in relation to real estate, which are made effective from 1st April 2019....

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Posted Under: Income Tax |

All about EPF Series-1

The EPF was established by the Employees Provident Fund Organization (EPFO) of India, a statutory body of the Government. It states that every organization having 20 or more permanent employees across different departments working, should compulsorily register with the EPFO. In the case of an organization which employs less than 20 employ...

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Posted Under: Income Tax |

Income Tax benefits of buying property jointly

Buying a house is a dream for millions of people in India. The government has provided various tax benefits to individuals to encourage them to buy a house property under the ‘housing for all’ initiative. One of the important things to note is that if the property is held jointly, individuals can receive additional tax [&helli...

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Posted Under: Income Tax |

5 Things Every CA Must Do To Get More Clients

Needless to say, the professional credibility of a Chartered Accountant is often gauged and evaluated by the number of clients he or she is working with. Although, CA, as a profession is a high paying career choice, there are many aspects that need to be taken care of for an individual to get hold of […]...

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Posted Under: Income Tax |

Companies (Acceptance of Deposits) Second Amendment Rules, 2019

Notification No. [G.S.R. 341(E)] (30/04/2019)

Companies (Acceptance of Deposits) Second Amendment Rules, 201 shall com9e into force on the date of their publication in the Official Gazette....

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Companies (Registration Offices and Fees) Third Amendment Rules, 2019

Notification No. [G.S.R. 340(E)] (30/04/2019)

Companies (Registration Offices and Fees) Third Amendment Rules, 2019 E. Fees for filing charge documents. a) charges created or modified before the 2nd November, 2018, and allowed to be filed within a period of three hundred days of such creation or six months from the 2nd November, 2018, as the case may be, the following additional fees...

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E-Form INC-20A (Commencement of Business Certificate)

As we are aware, that Ministry of Corporate Affairs, is knee to improve Corporate Governance and Compliance on the part of the Company after successful roll out of DIR-3KYC for Directors/DIN holders, has introduced the E-Form (INC-20A) Commencement of Business Certificate under the Companies (Amendment) Ordinance 2018. All you need to...

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Posted Under: Income Tax |

Precautions to be Taken After GST Registration

Dear Friends, after the introduction of GST in July 2017, starting a business in India becomes so easy that, even an uneducated person can start his business with the help of an Accountant (Book-Keepers). Due to which, many new business has been started but due to lack of knowledge at Promoter level as well as […]...

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Posted Under: Income Tax | ,

ICAI announces Virtual MCS Course for CAs who wish to apply membership

Virtual Management and Communication Skills Course (Virtual MCS Course) for those candidates who have qualified CA final exam (November 2002 onwards till 2018 but have not applied for Membership of the Institute. The candidates who have qualified CA Final exam w.e.f. November 2002 onwards till 2018 but had not applied for Membership of th...

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Posted Under: Income Tax |

Companies (Registration of Charges) Amendment Rules, 2019

Notification No. G.S.R. ......(E) (30/04/2019)

If the particulars of a charge are not filed in accordance with sub-rule (1), such creation or modification shall be filed in Form No. CHG-1 or Form No. CHG-9 within the period as specified in section 77 on payment of additional fee or advalorem fee as prescribed in the Companies (Registration Offices and Fees) Rules, 2014....

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MCA amends Due date for filing DIR-3KYC

Notification No. [G.S.R. 339(E)] (30/04/2019)

Due date for filing DIR-3KYC [Companies (Appointment and Qualification of Directors) Amendment Rules, 2019] MCA has issued Companies (Appointment and Qualification of Directors) Amendment Rules, 2019 on 30.04.2019. By this amendment the Ministry has changed the due date from ’30th, April of immediate next financial year’ to &#...

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Notification No. 34/2019-Customs (N.T.), Dated: 30.04.2019

Notification No. 34/2019-Customs (N.T.) (30/04/2019)

Tariff Notification No. 34/2019-Customs (N.T.), Dated: 30.04.2019- Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver – Reg Government of India Ministry of Finance (Department of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 34/201...

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How to easily calculate tax on Shares and Mutual Funds

In order to incentivize the equity markets Government has given various sops to this sector. Under Section 10(38) of Income Tax Act, exemption to long term capital gains arising from sale of equity shares in a company or unit of an equity oriented fund has been provided. Equity oriented fund is the one where the […]...

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Posted Under: Income Tax |

External Commercial Borrowings: Regulatory Framework Substantially Relaxed

Reserve Bank of India (RBI) on 16 January 2019 notified a new external commercial borrowings framework (New ECB Framework). The New ECB Framework rationalizes the existing external commercial borrowings framework (Old ECB Framework) by merging the existing Track I (medium-term foreign currency denominated ECB) and Track II (long-term fore...

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Posted Under: Income Tax | ,

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