"01 May 2019" Archive

Omission by auditor Reasonable Cause for delay in claiming Refund

G.V. Infosutions Pvt. Ltd Vs DCIT (Delhi High Court)

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 coul...

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ITAT disallows claim of interest on home loan by showing SOP as Let out

Shri Hitesh H Budhbhatti Vs ITO (ITAT Ahmedabad)

Shri Hitesh H Budhbhatti Vs ITO (ITAT Ahmedabad) The allowability of interest expenditure on borrowed capital for purchase of residential house under s.24 of the Act is in question. As per Section 23(2) of the Act, the gross annual value of the residential house shall be taken at ‘nil’ where such house is in the […]...

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Expense cannot be disallowed on Mere Suspicion of Non-Business purposes

M/s Goodwill Impex Limited Vs DCIT (ITAT Jaipur)

A mere suspicion that given the nature of expenses, it is likely that incurrence of such expenditure is for non-business purposes, in our view, cannot be a basis for making the addition in the hands of the assessee....

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TDS not deductible on Payment Gateway Charges paid to Banks

Pr. CIT Vs Make My Trip India Pvt. Ltd. (Delhi High Court)

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; […...

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Education cess is nothing but an additional surcharge & part of taxes

R.A.K. Ceramics, UAE Vs DCIT (ITAT Hyderabad)

Article 2(1) of the India-UAE DTAA provides that the taxes covered shall include tax and surcharge thereon. Education cess is nothing but an additional surcharge & is also covered by the definition of taxes....

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Invest in 2 Houses And Claim Capital Gain Exemption

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. […]...

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Posted Under: Income Tax |

How CS student can Prepare Company Law Paper?

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 […]...

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Posted Under: Income Tax |

Important documents prescribed under GST

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 – ...

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Posted Under: Income Tax |

GST Payable under RCM on specified goods & services

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 […]...

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Posted Under: Income Tax |

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

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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Posted Under: Income Tax |