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Archive: 12 June 2019

Posts in 12 June 2019

Penalty Notice cannot be challenged merely for issue in Template manner

June 12, 2019 1470 Views 0 comment Print

Issuing of show cause notice in a template-like manner  cannot be challenged on basis that it was not clear as to whether the same had been issued for concealing particulars of income’ or furnishing of inaccurate particulars’ of such income merely by reason of mistake or defect i.e., mistake or defect of issuing it in a template and not scoring of the relevant ground and leaving out the applicable ground.

Setting up of an entity in USA from India

June 12, 2019 78450 Views 8 comments Print

Many investors and business firms are keen to set up a Company in United States of America to expand the horizon of their products and services in other developed regions like US, Europe, and South America. Setting up of an entity in US offers several advantages like enhanced credibility in international market, attraction of angel […]

Problems & Suggestion for GST Yearly Return- GSTR 9, 9A & 9C

June 12, 2019 35745 Views 12 comments Print

The latest example is the enormously lengthy yearly return forms 9, 9A & 9C. While taxpayers are finding it difficult to provide the required information, Chartered Accountants are also at a loss – despite clarifications – as to which data is to be filled where in so many fields. Local GST authorities are also not in a position to help.

No Anti-profiteering when GST rate hiked on DTH services in GST Era

June 12, 2019 1209 Views 0 comment Print

Shri Navneet Gupta Vs M/s Bharti Telemedia Pvt Ltd. (NAA) It was submitted that the tax incidence on DTH services prior to GST implementation was subjected to Entertainment Tax which ranged between 10% to 25% in various States, in addition to 15% Service Tax, whereas on introduction of GST, the tax rate came down to […]

FM Flags serious issues related to taxation & digital economy companies

June 12, 2019 615 Views 0 comment Print

Smt Sitharaman flags serious issues relates to taxation and digital economy companies, and to curb tax avoidance & evasion FM urged to contain international oil market to bring benefits to both the oil exporting and importing countries FM flags issue of economic offenders fleeing legal jurisdictions and calls for cohesive action against such offenders.

Striking off the Name of Company

June 12, 2019 43437 Views 0 comment Print

Provisions applicable: Section 248 of Companies Act, 2013 & Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. Power to Whom: Registrar of Companies. *Note- Format of Form STK-3 & STK-4 given below. Form No. STK – 3 INDEMNITY BOND [Pursuant to clause (i) of sub-rule (3) of rule 4 of […]

Sec 68 No additions if assessee proves identity of share applicants: SC

June 12, 2019 1434 Views 0 comment Print

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Supreme Court ) Supreme Court in this Case upheld the Judgment of Hon’ble Delhi High Court and dismissed the Special Leave Petition filed by Income Tax Department. High Court  held that AO did not dispute the veracity of the documents produced. Furthermore, the two individuals who […]

TDS return filing delay due to sudden resignation of Accountant constitute Sufficient Cause

June 12, 2019 1668 Views 0 comment Print

Sudip Roy Choudhury Vs JCIT (TDS) (ITAT Kolkata) in the present case, the assessee deducted the TDS and deposited the same. Even there was no failure to submit return in Form 26Q. There was only failure for its timely submission – which by all counts is a technical breach. Further the delay had happened due […]

Substantial justice deserves to be preferred over technical considerations

June 12, 2019 3195 Views 1 comment Print

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Delhi High Court) It is relevant to state that AO in his remand report dated 10.10.2016 did not dispute the veracity of the additional evidences furnished by the assessee and further learned CIT(A) did not admit the additional evidences purely on technical ground which is wholly […]

GST rate on selling of space/ time for advertisement in print media for advertising companies

June 12, 2019 9525 Views 0 comment Print

In re Harmilap Media (P) Ltd. (GST AAR Uttarakhand) (a) applicability of GST rate on selling of space/ time for advertisement in print media in case of advertising companies; Selling of space for advertisement in print media by advertising company/ agency shall attract GST @ 5% [2.5% CGST + 2.5% SGST] in case of advertising […]

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