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Archive: 06 August 2019

Posts in 06 August 2019

Constitutional Powers of Parliament in Relation to GST

August 6, 2019 3726 Views 0 comment Print

Article 246A(1) gives powers to the Parliament for making law for providing levy and collection of GST on all types of supplies of goods or services or both except the following supplies of goods or services or both, namely-

Changes in Income Tax Return for AY 2019-20

August 6, 2019 4566 Views 2 comments Print

The CBDT has notified the Income-tax Return (ITR) Forms for the Assessment Year 2019-20 with many changes and revisions. While the last date for filing income tax returns has been extended to August 31 for FY 2018-19, the changes and penal clauses for late filing mean one should start the process as soon as possible. ITR 1 […]

GST mein kisiko nahi “Banana” – Don’t Charge incorrect GST

August 6, 2019 11181 Views 1 comment Print

What do you mean by charging incorrect rate of GST? Charging incorrect rate of tax refers to short or excess collection of tax amount by the taxpayer other than the rate actually applicable.

Switch from Base Rate to MCLR for Home Loans- Recommended or Not?

August 6, 2019 2913 Views 0 comment Print

MCLR or Marginal Cost of funds based Lending Rate refers to the lowest possible interest rate which a lender or bank can offer to its customers. No bank in the Indian financial structure can provide loans at rates lower than the MCLR rates. Exceptions to same can be approved by RBI only. The MCLR based […]

Ordinance into Act, Companies (Amendment) Act, 2019

August 6, 2019 1677 Views 0 comment Print

The Companies Amendment Bill, 2019 has received assent of President on 31st July 2019. With total of 44 Sections, the act emphasis majorly on monetary penalties on Companies and reducing the criminal liabilities of the directors. Some of the amendments are note-worthy and some are penalty’s oriented

Additional depreciation on Plants & machinery installed in Captive Power Plant

August 6, 2019 4275 Views 0 comment Print

It is now a settled position as held by the Hon’ble Supreme Court and the various Co­ordinate Benches of the Tribunal that the process of generation of electricity is akin to manufacture of an article or thing, the assessee in the instant case satisfy the requirement that it is engaged in the business of manufacture or production of an article or thing.

Section 195 TDS on payment of any other sum to a non-resident

August 6, 2019 141894 Views 3 comments Print

Provisions of tax deduction at source (TDS) with regard to payment of any other sum to a non-resident is covered under section 195 of the Income Tax Act, 1961 which are explained hereunder.

Reopening of Assessment merely based on department advisory is invalid

August 6, 2019 2070 Views 0 comment Print

In view of the clear fact situation available on the record where such reopening is simply founded on the advisory dated 10.03.2016 issued by the department and where the reasons so present for the formation of belief is not resting on any tangible material, in possession of the Assessing officer as confirmed from the discussions above, in our opinion, the entire exercise is illegal and de hors the provisions of Section 147/148 of ‘the Act’.

SC grants protection from coercive action on deposit of 10% of disputed GST amount

August 6, 2019 2181 Views 0 comment Print

C. Pradeep Vs The Commissioner Of Gst And Central Excise Selam & Anr (Supreme Court of India) Learned counsel for the petitioner submits that indisputably assessment for the relevant period has not been completed by the Department so far. In which case, invoking Section 132 of the Central Goods and Services Tax Act, 2017 does […]

CCI imposes penalty on SAAR IT Resources Private Limited and others

August 6, 2019 588 Views 0 comment Print

Competition Commission of India (‘Commission’) after detailed inquiry has found SAAR IT Resources Private Limited, CADD Systems and Services Private Limited and Pentacle Consultants (I) Private Limited  to be in contravention of the provisions of Section 3(3)(d) read with Section 3(1) of the Competition Act, 2002 (‘Act’),   for entering into an arrangement to rig the bids of a tender floated by Pune Municipal Corporation in the year 2015 for ‘Selection of agency for carrying out geo-enabled tree census using GIS & GPS Technology’.

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