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Archive: 09 January 2020

Posts in 09 January 2020

Defective return notice to file B/S & P/L in Presumptive Income Cases

January 9, 2020 146205 Views 6 comments Print

There are various sections in the Income Tax Act, 1961 (Act) e.g., 44AD, 44AE, 44ADA etc., (popularly known as Presumptive Income sections) according to which, the profits and gains from eligible / prescribed businesses / professions carried by the prescribed categories of assessee (known as eligible assessee) are required to be computed for taxation, at least at the minimum rates prescribed in these sections.

GST AAR cannot be filed by recipient of Services or Goods or Both

January 9, 2020 708 Views 0 comment Print

In the instant case the questions, on which the applicant seeks advance ruling, are not in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the said applicant, but in relation to the service/ s being received by them. Therefore the instant application is beyond the jurisdiction of this authority and hence is liable for rejection.

Section 44ADA: Compute profits of profession on presumptive basis

January 9, 2020 6813 Views 5 comments Print

As the Finance Act, 2016 introduced new section 44ADA for computation of profit of Profession on Presumptive basis. As I have seen many people who are unaware of this section and they are declaring their profit below the presumptive basis and their income exceeds the maximum amount not chargeable to tax. As per Section 44AB Audit of Accounts is mandatory if following conditions are satisfied

SEBI issues Operating Guidelines for Investment Advisers in IFSC

January 9, 2020 960 Views 0 comment Print

Operating Guidelines for Investment Advisers in International Financial Services Centre (IFSC)- 1. Applicability of SEBI (Investment Advisers) Regulations, 2013 (‘Investment Adviser Regulations’) The applicability of these operating guidelines is subject to such conditions that may be prescribed by the Board, Reserve Bank of India and other appropriate authority from time to time.

Market Study on E-commerce in India: Key Findings

January 9, 2020 4668 Views 1 comment Print

The Market Study on E-commerce in India (‘the study’) was initiated by the CCI in April 2019 with a view to better understand the functioning of e-commerce in India and its implications for markets and competition.

Fake GST invoices: CGST Surat busted a racket with 19 fake entities

January 9, 2020 4050 Views 0 comment Print

CGST Surat busted a racket who with 19 fake entities issued fake invoices of Rs. 679cr value and Rs 55 Cr fake ITC and got illegal IGST refund of Rs 39cr by exporting inferior goods at inflated price. One Kingpin arrested. Government of India Ministry of Finance CENTRAL GST & EXCISE COMMISSIONERATE : SURAT CENTRAL […]

Deposit of unclaimed dividends and / or undistributed proceeds of liquidation process

January 9, 2020 480 Views 0 comment Print

Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001 CIRCULAR No. IBBI/LIQ/027/2020 9th January, 2020 To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities All Registered Insolvency Professional Agencies (By mail to registered email addresses and on website of the IBBI) Dear Madam / Sir, Sub: Deposit of unclaimed […]

Email / quotations cannot be the basis for re-determining value of goods

January 9, 2020 1110 Views 0 comment Print

Mails and other electronic evidence cannot be relied upon to prove undervaluation in absence of compliance of provisions of Section 138C of the Act ibid as held by Anvar P. V  and S.N.Agrotech. It is trite law that statements can be relied upon only if they are voluntary and true.

Onetime payment of annual rent for business advantages allowable

January 9, 2020 906 Views 0 comment Print

The onetime payment of the annual rent as per the lease deed is rightly claimed by the assessee as revenue expenditure. The Assessing Officer was not right in holding that the payment during the year relates to land which is capital in nature.

Construction Services under GST

January 9, 2020 450093 Views 97 comments Print

As per the GST (Goods and Services Tax) law, construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer is a supply of service and hence, is liable to the goods and services tax (GST).

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