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Archive: 01 May 2019

Posts in 01 May 2019

No addition for unabated assessment unless incriminating materials unearthed during search

May 1, 2019 2229 Views 0 comment Print

No addition could  be made under section 153A for an unabated assessment unless incriminating materials unearthed during search qua the assessment year under consideration. 

Omission by auditor Reasonable Cause for delay in claiming Refund

May 1, 2019 2367 Views 0 comment Print

G.V. Infosutions Pvt. Ltd Vs DCIT (Delhi High Court) The rejection of the petitioner’s application under Section 119(2)(b) is only on the ground that according to the Chief Commissioner’s opinion the plea of omission by the auditor was not substantiated. This court has difficulty to understand what more plea or proof any assessee could have […]

Delhi VAT on electrical equipment used in generation & distribution of electricity, supplied to DlSCOM

May 1, 2019 816 Views 0 comment Print

The DlSCOMs provided certificates to the assessees, stating that supplies made by Schneider to DlSCOMs need not be included in the taxable turnover being valid deduction allowed under the Act read with Rule 11 of the DST Rules. Schneider (as well as other assessees in appeal, in this batch) claimed the exemption under the said Rule 11 (XII) for the relevant period for such sales made to DlSCOMs. The assessees complied with the provisions of Rule 11 (XII) and submitted the certificates issued by the said companies.

TDS not deductible on Payment Gateway Charges paid to Banks

May 1, 2019 34389 Views 0 comment Print

Pr. CIT Vs Make My Trip India Pvt. Ltd. (Delhi High Court) Central Government, by notification dated 31stDecember, 2012 has notified that no TDS shall be made on the following payments to the banks listed in the Second Schedule to the Reserve Bank of India Act: (i) bank guarantee commission; (ii) cash management service charges; […]

GST on pure services provided to Central /State Govt or UT

May 1, 2019 5682 Views 0 comment Print

In re Shri Jayesh Anilkumar Dalal (GST AAR Gujarat) Question: Whether or not my supply of services in the nature as mentioned in point 12(B) above, provided to Local Authorities , Urban Development Authority, Dist. Panchayat R&B Div. and other Government Departments which are entrusted with the functions mentioned under article 243G and 243W of […]

Invest in 2 Houses And Claim Capital Gain Exemption

May 1, 2019 16098 Views 12 comments Print

Sale of a residential house is taxable under the Income Tax Act. When you sell a house, you are required to pay capital gain tax on the profit received from the sale. The Income Tax Act,1961 provides relief from tax payment in such a case under Section 54 , subject to fulfilment of certain conditions. […]

How CS student can Prepare Company Law Paper?

May 1, 2019 4524 Views 0 comment Print

Dear future Company Secretaries, You all would be worried of your exams as only one month is there to fight and win the battle of CS Exams. Some of you will be fighting for the first time and some of you will be fighting the battle with a hope that this time I will win……Take […]

Important documents prescribed under GST

May 1, 2019 57450 Views 0 comment Print

Every registered person is required to maintain certain documents prescribed under GST law. Some of the important and common documents include tax invoices, bills of supply, debit and credit notes, receipt, payment and refund vouchers. The situations which warrant mandatory issuance of these documents are explained below; Tax Invoice – Any registered person, supplying taxable […]

GST Payable under RCM on specified goods & services

May 1, 2019 83364 Views 10 comments Print

GST Payable on Reverse charge mechanism basis (RCM) on specified goods and services GST is collected and paid by the Seller who is registered under CGST Act if tax is applicable unless GST is payable by the recipient of goods and services on reverse charge mechanism basis as per the provisions of Section 9(3) of […]

Purchase and Sale of Immovable Property in India by NRI/OCI

May 1, 2019 7974 Views 0 comment Print

In this write up we endeavor to summarize the conditions for the purchase and sale of immovable property in India by a non resident Indians and overseas citizens of India. Ideally the NRI/OCIs are permitted to acquire the immovable property in India in the following manner: 1. Purchase; 2. Gift; 3. Inheritance; TERMS USED: 1. […]

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