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Archive: 06 May 2019

Posts in 06 May 2019

Taxation of Development rights under GST

May 6, 2019 22254 Views 6 comments Print

Arjuna, Yes the taxation of Development Rights under GST has changed from 1st April 2019. But before seeing the changes let us know something about TDR/JDA. Joint Development Agreement (JDA) is an agreement between a landowner and a real estate developer to construct new projects; where the landowner provides the land and the builder carries out the construction as well as looks into the legal work.

Remove Director Disqualification Before Filing INC 22A

May 6, 2019 12279 Views 1 comment Print

The new e-Form INC 22A- Active Company Tagging Identities and Verification (ACTIVE) has been initiated by MCA based on Rule 25A of Companies (Incorporation) Amendment Rules, 2019.

Assessee cannot be blamed for non-disclosure if AO had such info during assessment proceeding

May 6, 2019 2214 Views 0 comment Print

Once the Department i.e. the Assessing Officer had certain information, material, or document before him during the assessment proceeding, irrespective of the source of such information, material, or document, the Assessee cannot be blamed for non-disclosure thereof.

Audit requriement for Form DPT 3 Compliance

May 6, 2019 26043 Views 2 comments Print

The Form for this compliance requirement has been deployed on 01 May 2019. This form will be used for both compliances i.e. under Rule 16 and Rule 16A of Companies (Acceptance of Deposits) Rules, 2014. The basic reporting requirements under this Form has been given hereunder: A. Reporting under Rule 16 (Annual reporting of Deposits […]

It’s Time to Save ₹ 2,67,280 Under Pradhan Mantri Awas Yojana!

May 6, 2019 4896 Views 0 comment Print

Are you an aspiring first time home buyer?Then this blog may help you save up to ₹ 2,67,280 on your home loan, and your monthly EMI can come down by ₹ 2500. Find out here how.

HDFC Obtained the RBI Nod to hold stakes in Bandhan Bank

May 6, 2019 702 Views 0 comment Print

The Reserve Bank of India (RBI) granted its approval to HDFC Bank last week to acquire a share of maximum 9.9% of the Bandhan Bank paid-up capital, with effect from the date of the proposed amalgamation between the two entities. This was in reply to the earlier application made by HDFC to RBI (post the announcement of the proposed deal) to hold shares in the Bandhan Bank.

Non reduction in price despite tax reduction is profiteering: NAA

May 6, 2019 747 Views 0 comment Print

The Respondent’s submissions that the price of the product was not increased at the time of introduction of GST when the rate of tax was increased to 28% and hence the question of reducing the prices when the rate of tax was decreased from 28% to 18% does not arise is legally not sustainable in as much as Section 171 of the CGST Act, 2017 is very clear that the benefit of reduction in tax has to be necessarily passed on to the recipient by commensurately reducing the prices. Secondly the argument that the pre GST prices and the post reduction prices should have been compared will also not hold good as the DGAP has rightly taken into consideration the prices before the rate reduction and the prices after the reduction of tax rates to analyse and estimate the extent of benefit passed on to the recipient.

AO cannot do reassessment after assessment by Settlement Commission

May 6, 2019 5004 Views 0 comment Print

Since there was an order of the Settlement Commission under section 245D(4) in relation to the assessment year in respect of which assessment was sought to be reopened, AO had no jurisdiction to reopen the assessment as once an order had been passed under section 245D by Settlement Commission, assessment for year stood concluded. 

No provision under law to refund Service Tax

May 6, 2019 7572 Views 0 comment Print

Oil India Limited Vs Commissioner of Central Tax (CESTAT Hyderabad) Refund jurisdiction of the Officers of Central Excise and Service Tax emanates from Section 12E and Section 11B of Central Excise Act, 1944 and Section 83 of the Finance Act, 1994. The powers of the first appellate authority to decide appeals or such decisions emanates […]

No TDS on Sale of Property if Sale consideration of each Co-owners not exceeds Rs. 50 Lakhs

May 6, 2019 95289 Views 1 comment Print

M/s. Oxcia Enterprises Private Limited Vs DCIT (ITAT Jodhapur) Even though the admitted position is that the assessee buyer/transferee has not deducted tax in the hands of the Joint Owners of the property, still we note that sub-section(2) of sec. 194-IA of the Act provides an exception from deducting tax of 1% of the sale […]

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