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Archive: November, 2019

Posts in November, 2019

Manufacture Vs Job work-whether difference is relevant in GST regime?

November 25, 2019 43566 Views 4 comments Print

Job work is merely a process or processes undertaken by the job worker on the goods belonged to the principal. Job work may amounts to manufacture or may not amount to manufacture. Job worker may use some portion of his material also or he may not use his material at all. The law on these issues have already been settled.

Referral fees to foreign concern for introducing clients is not a fee for technical services

November 25, 2019 8433 Views 0 comment Print

Services rendered by foreign concern for introducing a client did not make-available any technical knowledge, experience, skill, know-how or processes to assessee, therefore, related payment did not fall within the realm of “Fees for included services” as envisaged in Article 12 of the Indo-US, DTAA and payment made to foreign concern constituted its business profits within the meaning of Article 7 Indo-USA DTAA, and in the absence of any Permanent Establishment of the said foreign concern in India no taxability arose and, therefore, assessee was not liable to withhold tax under section 195.

Permit petitioner to file or revise already filed incorrect TRAN-1: HC

November 25, 2019 1161 Views 0 comment Print

Silicon Constructions Pvt. Ltd. Vs Union of India and others (Punjab and Haryana HC) The prayer made in the writ petition is inter alia seeking directions to the respondents to credit the ‘Input Tax Credit’, being the transitional credit, prescribed under Section 140 of the Central Goods and Service Tax Act, 2017, in the account […]

Micro small and medium Enterprise (MSME)- 5 Things to know

November 25, 2019 10320 Views 6 comments Print

Article explains What is Micro small and medium Enterprise, Who regulate Micro small and medium Enterprise, What are Micro, Small & Medium Enterprises, How to get registered under MSME registration and What are the benefits of getting registered under MSME?

Input Service Distributor (ISD) under GST Law

November 25, 2019 94596 Views 4 comments Print

Manner of distribution of credit by Input Service Distributor: As per Section 20(1)of CGST Act,2017 states that the Input Tax Service Distributor shall distribute the credit of central tax as central tax or integrated tax and integrated tax as integrated tax, by way of issue of a document containing the amount of input tax credit being distributed in such manner s may be prescribed.

Section 194IA TDS not applies merely because seller and Khasra number was same for multiple transactions

November 25, 2019 4977 Views 0 comment Print

Assessee in instant case had purchased three properties on three different dates. This indicated that assessee had purchased the land on piece meal basis. Since value mentioned in each sale deed was less than Rs. 50 lakhs, therefore, section 194-IA would not be applicable to assessee merely because the seller and Khasra number of the three properties was same.

Tax on Giving up of rights on flats in favour of developer within 36 months of date of JDA

November 25, 2019 1677 Views 0 comment Print

Consideration of 14 flats for giving up related rights in favour of developer was received by assessee within a period of three years from the date of JDA. In such circumstances, concerned flats assumed the character of ‘short-term’ capital asset and gain on such transfer was rightly assessed by AO as STCG.

Mere signing against a particular column of format is nothing but a mechanical approval

November 25, 2019 2220 Views 0 comment Print

Ld. CIT acted mechanically in order to discharge his statutory obligation when he merely wrote on the format Yes, I am satisfied. In the case in hand, the Id. CIT has even not written any affirmative sentence or word but has just signed against the column which was pre-typed Yes.

Certified CAs From India Turned CEOs of Various Renowned Organizations

November 25, 2019 7632 Views 0 comment Print

Every CA aspirant dreams of owning a successful career in the future and the thought of having a stable future along with a desirable package itself is an inspiration for all. Well, there are other real-life inspirations who are by now the CEOs of various renowned companies in India and are CAs by qualification. A […]

Expense on Gifts bearing logo and name of assessee to doctors by pharma company allowable 

November 25, 2019 1107 Views 0 comment Print

Prohibition imposed by Indian Medical Council against acceptance of gift was on medical practitioner/doctor, and not on pharmaceutical companies, therefore, where assessee incurred expenditure towards gifts, which were bearing logo and name of the assessee, the expenditure were only for sales promotion, therefore, disallowance made by AO in respect of the expenditure was unjustified.

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