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Archive: 29 July 2019

Posts in 29 July 2019

Important amendments by Interim & Final Budget 2019

July 29, 2019 19857 Views 1 comment Print

SOME IMPORTANT AMENDMENTS BY FINANCE ACT, 2019 (Act No. 7 of 2019) & FINANCE (NO. 2) BILL, 2019 THE FINANCE ACT, 2019 (Act No.7 of 2019) (Interim Budget 2019.) In February’s interim budget, the then acting finance minister Piyush Goyal had provided several income tax sops to the middle-class. Following changes have been made by […]

SC Cancels Registration of Amrapali Group Under RERA

July 29, 2019 1353 Views 0 comment Print

A number of writ petitions were filed before the Hon’ble Supreme Court against the projects of various Companies of Amrapali Group in Noida and Greater Noida. In 2011, various housing projects were launched in Noida and Greater Noida by Amrapali Group of Companies to construct approximately 42,000 flats and it was assured that the delivery […]

FDI related filing requirements

July 29, 2019 28497 Views 3 comments Print

What is Foreign Direct Investment(FDI)? A Foreign Direct Investment (FDI) is an investment in the form of a controlling ownership in a business in one country by an entity based in another country. Some of the concepts covered under FDI are discussed below : A. Form Foreign Currency-Gross Provisional Return (FCGPR): In accordance with Notification […]

Expression “In the Course of” in GST Laws

July 29, 2019 1911 Views 0 comment Print

The Honorable Supreme Court of India, in its judgment in State of Travancore-Cochin vs. Shanmugha Vilas Cashew Nut Factory And Others, Judgment Dated May 08, 1953, had occasion to examine certain sales or purchases of goods (cashew nut) if they could have been said (i) in the course of inter-State trade or commerce; or (ii) […]

New Penalty Provisions Under Section 270A

July 29, 2019 217026 Views 4 comments Print

Satender Singh Rana Commissioner of Income Tax(DR)-7, ITAT, Delhi s.s.rana@incometaxindia.gov.in Sri Satender Singh Rana is an IRS officer of 1994 Batch and is currently posted as Commissioner of Income Tax, ITAT, New Delhi. He has extensive experience in the field of Income Tax Litigation and judicial matters and is part of several committees formed by […]

No addition of unexplained credit u/s 68 without prima-facie enquiry by AO

July 29, 2019 1899 Views 0 comment Print

Addition made under section 68 on account of share capital received by assessee as unexplained credit was to be deleted in absence of any material or inquiry conducted by  AO that the issuing companies were non-existing entities or a paper company and AO had not brought material on record to dislodge the veracity of the evidences filed by assessee. 

Claim of Deduction of Expenses on Payments To Non-residents: A User’s Guide

July 29, 2019 1746 Views 0 comment Print

This article tries to develop a working guide to the officers on the issue of payment to non-residents. The fundamental point to be examined by the Assessing Officers in connection with disallowance under section 40(a)(i) of the Income Tax Act of any payment to a non-resident is whether the sum is taxable under the provisions of the Income Tax Act or not. The next point is whether the non-resident is entitled to treaty benefit to escape source-country taxation or not. With quick reference to the relevant sections of the Income Tax Act and the relevant articles of a typical treaty, two particular expenses, viz, software payments and export commission are picked up for further analysis. A check list is also prepared for guidance of the Assessing Officers. The need for co-ordination between the Assessing Unit and the TDS Unit of International Taxation is also highlighted.

When Officer Knocks The Door : An Open View Under CGST Act

July 29, 2019 8643 Views 1 comment Print

When GST came into effect, the visiting power of officers suddenly halted. Earlier after registration, the officer had to make the PV review report and that visit made officer to assess that how much one has the limit. From there only the conversation started and new relations used to bud up.

Section 194IB – TDS on Rent paid by Individual / HUF

July 29, 2019 135414 Views 6 comments Print

In spite of already existing similar provisions under section 194-I of the Income Tax Act, 1961, with a view to widen the tax base, the new section 194-IB of the Income Tax Act, 1961 was introduced vide the Finance Act, 2017. The provisions of section 194-IB were made effective from 1st June 2017. Section 194-IB deals […]

No deemed rent u/s 23(1)(a) if actual rent received or receivable is less than ALV

July 29, 2019 4020 Views 0 comment Print

Where the property or any part of the property is let and was vacant during the whole or part of the previous year and owing to such vacancy, the actual rent received or receivable is less than ALV, the sum so received or receivable during the year is less than the sum received or receivable during year shall be annual value, then no deemed rent could be assessed. 

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