"13 May 2019" Archive

GST Rates applicable for Hotel Accommodation and Restaurants

We all know that GST rates for restaurant, eating joint including mess, canteen, whether for consumption on or away from the premises where such food or any other article for human consumption or drink is supplied, other than those located in the premises of hotels, inns, guest houses, clubs, campsites or other commercial places meant fo...

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Clarification for form ADT-1 filed through GNL-2

General Circular No. 06/2019 (13/05/2019)

Companies which had filed Form no. ADT-1 through GNI,-2 as an attachment (by selecting 'others') during the period from 01.04.2014 to 20.10.2014 may file e-form no. ADT- 1 for appointment of Auditor for the period upto 31.03.2019 without fee, till 15.06.2019....

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e-TDS/TCS Return Preparation / File Validation Utility wef 12.05.2019

As per the Income Tax Department notification 36/2019 dated April 12 2019, the new format to furnish the Form 24Q Quarter 4 statement is applicable with effect from May 12, 2019 onwards. Please download the new version of RPU and FVU to prepare and validate the e-TDS statements. A. e-TDS/TCS Return Preparation Utility Version 2.7 [&hellip...

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Creating, Paying Taxes & Filing of GSTR-4

FAQs of filing of  GSTR-4 Q.1 What is Form GSTR-4? Ans: Form GSTR-4 is to be filed by taxpayers to provide summary of outward supplies, tax payable thereon etc. Such taxpayers are also required to report summary of import of services and supplies attracting reverse charge. Form GSTR-4 is to be filed by taxpayers who […]...

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TDS U/s. 194IA when Consideration to each transferor not exceeds Rs. 50 lakhs

Vinod Soni Vs ITO (ITAT Delhi)

Where individual share of consideration paid towards immovable property purchase by four persons including the assessee amounted to less than Rs. 50 lakhs, the assessee was not liable to deduct tax under section 194IA of Income Tax Act, 1961 even if value of the property purchased under single sale deed was exceeding Rs. 50 lakhs....

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Disallowance U/s. 40(a)(ia) for income assessed as Income from other sources

Shri Digamber Jain Bees Panthi Ajmeri Amnay Panchayat Bada Dhada Vs ITO (ITAT Jaipur)

Shri Digamber Jain Bees Panthi Ajmeri Amnay Panchayat Bada Dhada Vs ITO (ITAT Jaipur) When the income of the assessee has been assessed under the head ‘Income from other sources’ and there is no provision U/s 56 to 58 of the Act to make a disallowance U/s 40(a)(ia) of the Act prior to the amendment […]...

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Section 54EC Count Six month from additional stamp duty payment date: ITAT

Shri Anil Kumar Dulichand Vs ACIT-17 (ITAT Mumbai)

Date of transfer of property to compute the six-months period for the purpose of claiming deduction under section 54EC could not be taken from the date when the purchase agreement was registered because the transfer would complete after additional stamp duty to complete the process of registration was paid by assessee....

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Litmus Test For Issue of A Valid Notice Under Section 148

PCIT Vs Nokia India Pvt. Ltd (Supreme Court of India)

Advocate Akhilesh Kumar Sah PCIT Vs Nokia India Pvt. Ltd (Supreme Court of India) In PCIT vs. Nokia India Pvt. Ltd. [Civil Appeal No. 3450 Of 2019 (Arising out of S.L.P.(C) No.32222 of 2017), decided on 08.04.2019], appeal was filed against the final judgment and   order   dated   21.04.2017 passed   by   […]...

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Excel with Excel – Explaining Excel from a CA viewpoint

Excel's ‘Consolidate’ feature helps in consolidating data in worksheets (located in one workbook or multiple workbooks) into one worksheet. Even though this is predominantly used at the managerial level (say, for aggregating various financial figures from multiple branches), it can come handy to the Chartered Accountants as well....

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No condonation for non-information of order by Ex-Staff

Vama Apparels (India) Pvt Ltd Vs ACIT (Bombay High Court)

Vama Apparels (India) Pvt Ltd Vs ACIT  (Bombay High Court) Where assessee filed appeal before High Court with a delay of 507 days and sought condonation of delay stating that ex-employee of assessee who received order of Tribunal put it in his drawer and left company without informing anybody about such orders and it was […]...

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No Penalty for mere rejection of Sec 54F claim against tenancy right Sale

PCIT Vs Rasiklal M. Parikh (Bombay High Court)

The dispute between the Assessee and the Revenue was with reference to actual payment for purchase of the flat and whether when the Assessee had purchased one more flat, though contagious, could the Assessee claim exemption under Section 54F of the Act. ...

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Classification and rate of GST on PP non-woven bags made from Non-woven fabric

In re M/s U.S.Polytech (GST AAAR West Bengal)

In re M/s U.S. Polytech (GST AAAR West Bengal) P P Non-woven bags manufactured by the Applicant from ‘Non-woven fabric’ under HSN 5603 falls under HSN 6305 33 00 and the applicable rate for the bags of value not exceeding Rs.1000/= per piece is taxable at the rate of 5% under Serial No. 224 of […]...

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Order No. 111/2019: Additional Charge in CCIT grade to 16 Officers

Office Order No. 111 of 2019 (13/05/2019)

Office Order No. 111 of 2019- Sixteen officers are hereby ordered to hold the additional charge of the post(s), mentioned against their names, in addition to their substantive charge, with immediate effect and until further orders F.No. A-22011/4/2019-Ad-VI Government of India Ministry of Finance Department of Revenue (Central Board of Di...

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Office Order No. 111 of 2019 – Additional Charge in CCIT grade

Office Order No. 111 of 2019 (13/05/2019)

Office Order No. 111 of 2019The following officers are hereby ordered to hold the additional charge of the post(s), mentioned against their names, in addition to their substantive charge, with immediate effect and until further orders:...

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Order No. 110/2019: 20 Transfer & Posting in Pr. CIT Grade

Office Order No. 110 of 2019 (13/05/2019)

Office Order No. 110 of 2019 The following officers, who were promoted to the grade of Pr. Chief Commissioner of Income Tax, vide CBDT’s Office Orders No. 49 of 2019 dated 09.03.2019 and No. 98 of 2019 dated 30.04.2019, are hereby posted, with immediate effect and until further orders, as under:...

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Order No. 110/2019 Transfer & Posting in the grade of Pr. CCIT

Office Order No. 110 of 2019 (13/05/2019)

Office Order No. 110 of 2019 The following officers, who were promoted to the grade of Pr. Chief Commissioner of Income Tax, vide CBDT's Office Orders No.49 of 2019 dated 09.03.2019 and No. 98 of 2019 dated 30.04.2019, are hereby posted, with immediate effect and until further orders, as under:...

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Semi-stitched Salwar/Churidar are taxable as garments at 5% / 12%

In re M/s. RmKV Fabrics private Limited (GST AAAR Tamilnadu)

Semi-stitched Salwar/Churidar are liable to GST @ 5% [CGST-2.5% and SGST-2.5%], if the Sale Value is less than Rs. 1000/- per piece and @ 12% [CGST-6% and SGST-6%], if the sale value is more than Rs. 1000/- per piece....

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Notification No. 21/2019-Customs (N.T./CAA/DRI), Dated: 13.05.2019

Notification No. 21/2019-Customs (N.T./CAA/DRI) (13/05/2019)

Notification No. 21/2019-Customs (N.T./CAA/DRI) Principal Director General, Revenue Intelligence, hereby appoints officers mentioned in column (5) of the Table below to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on officers mentioned in column (4) of the said Table in respe...

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Notification No. 20/2019-Customs (N.T./CAA/DRI), Dated: 13.05.2019

Notification No. 20/2019-Customs (N.T./CAA/DRI) (13/05/2019)

Notification No. 20/2019-Customs (N.T./CAA/DRI) Principal Director General, Revenue Intelligence, hereby appoints Principal Commissioner/ Commissioner of Customs (Nhava Sheva-II), Jawaharlal Nehru Custom House, Raigad to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on erstwhil...

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DGFT discontinues submission of physical copy of RCMCs WEF 1.7.2019

Trade Notice No. 12/2019-2020-DGFT (13/05/2019)

DGFT had already issued instructions vide Trade Notice No 37/dated 02.11.2018 requesting all EPCS to upload the old valid and new RCMCS of all the exporters registered with them. As on 31 April, 2019, 32,060 valid RCMCs are available on DGFT's data base. A statement of EPC-wise number of valid RCMCs is attached. ...

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Shifting of Registered Office outside state & within state under Companies Act, 2013

SHIFTING OF REGISTERED OFFICE WITHIN STATE i.e. outside local limits of city, town or village, within the same ROC and same state (only TN & Maharashtra have two ROCs) S. No Section Requirement E- Forms Timeline 1 12 & 13 Convene BM- • SS-1 compliance with 7 days prior notice • Approve shifting of registered […]...

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Human Probability Scores over Evidence

It is a very well-known fact that High court only entertains question of law and Income tax Appellate Tribunal (ITAT) is the last fact-finding authority. Thus, finding of fact as given by the ITAT would be basis for deciding the matter by High Court or Supreme Court. If, however findings given by the ITAT is […]...

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Extended version of secretarial compliance

BACKGROUND The SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 have been amended after the recommendation of the Kotak Committee to include the following Regulation: 24A: Secretarial Audit Every  listed  entity  and  its  material  unlisted  subsidiaries  incorporated  in  India  shall  undertake  sec...

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