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Archive: 29 May 2019

Posts in 29 May 2019

Reimbursable expense cannot be disallowed for Non-deduction of TDS

May 29, 2019 2433 Views 0 comment Print

Pr. CIT Vs DLF Commercial Projects Corporation (Delhi High Court) Neither the provisions of section 194C nor section 194J obliges the person making the payment to deduct anything from contractual payments such as those made for reimbursement of expenses, other than what is defined as “income”. The law thus obliges only amounts which fulfil the […]

Arrest / coercive action before GST Assessment not prohibited: HC

May 29, 2019 1503 Views 0 comment Print

When the very arrest of the petitioners is not prohibited prior to the completion of the assessment, any coercive action lesser than arrest, can not also be said to be prohibited.

Section 11(1)(a) Excess expenditure incurred in earlier years can be set off against income of subsequent year

May 29, 2019 4323 Views 0 comment Print

DCIT (E) Vs Shree Bhartimaiya Memorial Foundation (ITAT Ahmedabad) The solitary question that arises for adjudication whether the trust has incurred deficit due to excess spending on the object of the trust during the particular year and whether excess expenditure incurred in earlier years by the trust could be allowed to be set off against […]

TDS u/s 194C applies on Payments for catering services

May 29, 2019 50868 Views 0 comment Print

CIT Vs Saifee Hospital Trust (Bombay High Court) The Assessing Officer held that services of catering rendered by M/s Monginis is technical service and therefore, deduction of tax at source by the respondent has to be under Section 194J of the Act. However, in appeal both the Commissioner of Income Tax (Appeals) (CIT(A)) as well […]

AO cannot demand 20% of disputed Tax mechanically without examining facts of case

May 29, 2019 12873 Views 0 comment Print

Uthangarai Sri Vidya Mandir Educational and Social Welfare Trust Vs ACIT (Madras High Court) In the present case, the officer proceeds to mechanically call upon the petitioner to remit 20% of the demand without examining the appropriateness of the direction to the facts and circumstances of the petitioners’ case. For this sole reason, Hon’ble High […]

GST on Real Estate Sector- 7 main salient clarifications of FAQs

May 29, 2019 3357 Views 1 comment Print

Real Estate Sector- New Tax Regime — Consequent upon introduction of new tax regime for real estate sector, Government has issued two trenches of Frequently Asked Questions (FAQs) for the benefit of trade and officials. The first set of compilation of FAQs for real estate sector was issued on 07.05.2019 by CBIC to clarify doubts […]

Amendment to Master Direction (MD) on KYC related to Aadhaar

May 29, 2019 1284 Views 0 comment Print

Important changes carried out in the Master Direction in accordance with the aforementioned amendments are listed hereunder: a) Banks have been allowed to carry out Aadhaar authentication/ offline-verification of an individual who voluntarily uses his Aadhaar number for identification purpose. (Section 16 of the amended MD on KYC)

4 Years Imprisonment to then Inspector of Income Tax in Bribery Case

May 29, 2019 1155 Views 0 comment Print

The Special Judge, CBI Cases, Jodhpur (Rajasthan) has sentenced Sh. Mukesh Kumar Meena, then Inspector of Income Tax, Jodhpur to undergo four years Rigorous Imprisonment with fine of Rs. 20,000/- in a bribery case.

Mandatory UDIN from 1st July, 2019 on All Audit/Assurance Function

May 29, 2019 145917 Views 1 comment Print

UDIN BEING MADE MANDATORY IN 2nd PHASE FOR GST & TAX AUDIT REPORTS You may be aware that Unique Document Identification Number (UDIN) has been made mandatory as per the Council decision taken at its 379th Meeting held on 17th – 18th December, 2018 in the following phases: ♣ All Certification done by Practising CAs […]

NAA passes 60 orders against complaints of profiteering

May 29, 2019 747 Views 0 comment Print

Anti-Profiteering Measures The National Anti-Profiteering Authority (NAA) was constituted on 28th November, 2017 under Section 171 of the CGST Act, 2017 to ensure that the reduction in rate of tax or the benefit of input tax credit is passed on to the recipient by way of commensurate reduction in prices. Important steps taken by the NAA […]

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