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Archive: 18 March 2020

Posts in 18 March 2020

CBDT notifies ‘designated authority under ‘Direct Tax Vivad Se Vishwas Act, 2020

March 18, 2020 6708 Views 0 comment Print

Notification of ‘designated authority under ‘the Direct Tax Vivad Se Vishwas Act, 2020’- Which provides to the ‘declarant’ a mechanism to resolve disputes under the Income-tax Act, 1961

Taxation of NPS & Return From the Scheme

March 18, 2020 96753 Views 10 comments Print

NPS is entitled to get additional tax benefit up to Rs.50,000 in a financial year u/s 80CCD (IB) of Income Tax Act which is over and above the deduction of Rs. 1,50,000 available u/s 80C /80CCE of Income Tax Act. Earlier the tax-free withdrawal on retirement were allowed up to 40% of corpus, which has been increased to 60%. 

Treatment of Free Samples, Supplies and Gifts under GST Regime

March 18, 2020 109794 Views 6 comments Print

GST is at a very tender age and thus there are many issues in the law which need deeper analysis and understanding so that better compliance may be enabled. Goods transferred without consideration is one such issue which continues to create confusions in the minds of taxpayers. Such goods may take the shape of free […]

Reopening based on mere AIR Information without Application of Mind is Invalid

March 18, 2020 1263 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 by AO is justified in law? The reopening of the assessment by the AO is without application of mind and simply going by the information received as per AIR Data. Hence the reopening of the assessment is quashed being invalid.

No GST Payable On Mobilisation Advances Received In Pre-GST Period By A Works Contractor– Really Correct?

March 18, 2020 7104 Views 3 comments Print

Recently, the Advance Ruling Authority (AAR) of Tamilnadu in case of Shapoorji Pallonji & Company (P.) Ltd has pronounced a ruling vide its order no. 03/ARA/2020 Dated 31.01.2020 on the issue relating to applicability of GST on the mobilisation advance received during the pre GST  period against the works contracts.

Failure to collect & pay STT- Not ipso-facto lead to imposition of penalty

March 18, 2020 993 Views 0 comment Print

Assessing Officer comes to a conclusion that the assessee had failed to collect the STT or had failed to pay such STT to the credit of the Central Government, it would not ipso-facto lead to imposition of penalty. Once such a conclusion is reached, the assessee is required to be provided reasonable opportunity of hearing and during the hearing if the assessee can prove that there was reasonable cause for such failure, no penalty shall be imposed.

Deductibility of TDS on reimbursement of expenses

March 18, 2020 398957 Views 6 comments Print

In this context, it may be stated that the income-tax authorities have been insisting that in view of Answer to Question No.30, as provided in Circular No.715, dated 8.8.1995, issued by the CBDT [215 ITR (St) 12], tax is to be deducted at source out of the gross amount of the bill, including the reimbursements. For the sake of ready reference, the aforesaid Question No.30 and Answer thereto, are reproduced as follows :

Tax Treatment of Composite Rent, Unrealised Rent and Rent Arrears

March 18, 2020 118406 Views 4 comments Print

The Article covers following topics : Discussion on charging section i.e. section 22 with focus on meaning of various terms viz: Building Land appurtenant to a building Owner Deemed owner Property used for the purpose of business or profession Tax treatment of composite rent : Composite rent i.e. rent of building and charges for various […]

Procedure for Cancellation of TAN

March 18, 2020 290719 Views 17 comments Print

Cancellation/Surrendering of TAN can be done in two situations; CASE 1- Where duplicate TAN has been allotted; CASE 2 – Where TAN allotted, is not required anymore by the assessee/deductor. CASE 2 – Where TAN allotted, is not required anymore by the assessee/deductor. In CASE – 1, the deductor has to approach the NSDL for cancellation of the ‘Duplicate –Unused TAN. For this, an application Form, which is applicable for ‘Changes & Correction of TAN’ needs to be used. The same can be downloaded from the NSDL website and is also available with TIN-FCs/other vendors. The application can be made online as well as in physical form. In this way, the ‘Duplicate TAN can be cancelled.

Keyman Insurance Policy- Income Tax Benefit

March 18, 2020 367273 Views 35 comments Print

The amount on claim or maturity under a keyman insurance policy is not exempt under Section 10 (10D) of the Income Tax Act if the company is paying the premiums. However, in case the policy has been assigned to the keyman and the keyman is paying the premiums, then the claim/maturity proceeds are exempt under Section 10 (10D).

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