"10 May 2020" Archive

Composition Levy under GST- Detailed Analysis

Article covers Limit under Composition scheme, What is Aggregate Turnover, Person not entitled to avail Composition scheme under GST, Condition & restriction for levy of composition scheme (under Rule 5 of chapter II of CGST Act 2017), Form to be submitted, Composition Rate of Tax, Penalty for delay in filing GSTR -4, Important Notes...

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Coronavirus Cess on Liquor- A Double-Edged Sword

In the times of stress and depression, Consuming liquor has been an orthodox way of forgetting sorrows and running away from the hardships of reality. No wonder there are long queues and huge crowds outside liquor shops after the Government of India (GOI) has relaxed some of the lockdown rules, the tensity that people are […]...

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Case Studies on Full Value of Consideration- Sec. 50C & Reference to Valuation Officer Sec. 55A

SECTION 50C – SPECIAL PROVISION FOR FULL VALUE OF CONSIDERATION IN CERTAIN CASES Applicability of Section 50C As per Sec 50C, where the consideration received or accruing as a result of the transfer of land and/or building is less than the value adopted or assessed or assessable by an authority of the state govt. for […]...

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Analysis of Section 41(1) of Income Tax Act, 1961

In business there are circumstances where a person might have incurred a liability but later on he need not have to pay it for one or other reason. The Income Tax Act brings to tax such liabilities which are no more payable. ...

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Detailed discussion on Section 194-IA

As we all aware that Finance Act, 2013 has introduced Section 194IA. The main reason behind it is to curb black money which is routed through real estate sector. Today I am discussing this section in detail. Extract of Section 194IA: “Payment on transfer of certain immovable property other than agricultural land. 194-IA. (1) Any person...

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All about Income Tax Settlement Commission

 CA Tarannum Khatri  Tax Settlement Commission, a quasi judicial body, was set up under section 245B of Income-tax Act 1961. It has been set up as a result of recommendations made by Direct Taxes Enquiry Committee (Popularly known as Wanchoo Committee). The objective of setting up of this Commission is to settle the tax liabilities [&he...

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How to File Income Tax Return of a Deceased Assessee?

In this article, I will discuss the step by step process to file Income Tax Return (ITR) of a deceased. For better understanding I have uploaded Screenshots, however, I have strike through some portion of the image to keep the Details of Legal Heir as well of Deceased confidential. The whole Process is divided into 2 parts,...

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Tax benefits from Investment in Mutual Funds

Let me begin by describing the meaning of a Mutual Fund. It is a financial product that pools money of different individuals and invests on their behalf into various assets such as equity, debt or gold as per the objective of the scheme. Based upon the investor’s financial goals and risk appetite, there are several funds to choose from....

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How to Download Form 16 Part A from TDS CPC website

As we all know that when we file TDS return of salary i.e. Form 24Q, we are always have a confusion as to now how to get Form 16 (Part A and Part B) both together? How we can apply for the same? Hence today I am covering this so that enlighten you all with […]...

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How to download Form 15G / 15H

As we all aware that tax payers seeking non-deduction of tax from certain incomes are required to file a self-declaration in Form 15G or Form 15H as per the provisions of Section 197A of the Act. The manner of filing such declarations and the particulars have been laid down in Rule 29C of the Income-tax Rules, 1962 ('the Rules'). Today I ...

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Revised Guidelines for filling Form 15CA Online

1. Guidelines for Part A of Form 15CA: a. Remitter: i. Permanent Account Number (PAN) and Tax Deduction and collection Account Number (TAN) allotted by the Income Tax Department should be mentioned. TAN is mandatory in cases where- General Form 15CA should be used for furnishing information of remittances in e-mode in accordance...

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Provisions related to TDS on Immovable Properties U/s. 194IA

As we all aware that any person responsible for paying any sum to a resident transferor by way of consideration for transfer of an immovable property (i.e. building or part of building or any land other than agricultural land) is liable to deduct tax at source under section 194IA. This provision came in June 2013. […]...

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How Many Tax Audit Report a Partner in CA firm can sign?

Question: If there are 10 partners in a firm of Chartered Accountants, then how many tax audits reports can each partner sign in a financial year?  Answer: As per amended Chapter VI of Council General Guidelines, 2008 (Tax Audit Assignments under Section 44AB of the Income Tax Act, 1961), a member of the Institute in […]...

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Check status -Income Tax Refund, Return Processing, Refund dispatched

Income Tax department has provided the facility to the Assessee / tax Payer to check status of Income Tax Return Filed online on its e-filing portal. In addition to this Assessee can also check status of Income Tax Refund of return filed by the Assessee (Manual and Online) and Assessee can also track online the status of Income Tax Refun...

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Register TAN to view Online e-TDS / TCS statement submitted with status

A facility to register TAN online is available on the TIN website (www.tin-nsdl. com). The Income Tax Department requires all deductors to register their TANs online. Authenticated access (through user ID and password) will be provided to registered deductors. Registration is free. An acknowledgment number will be displayed on successful ...

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Basic aspects of international Taxation and DTAA

Technically speaking there is no concept such as International taxation. But for our convenience we say, the international aspects of income tax laws of a particular nation as international taxation. ...

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How can we check our TDS Credit?

We are always worried about the fact that whether our TDS deductor/collector has filed quarterly TDS/TCS statement and provided our PAN while filing the TDS/TCS return. NSDL has recently launched a facility to enable deductee to know whether or not his TDS deductor/collector has filed quarterly TDS/TCS statement and provided his PAN while...

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All about e-TDS and Quarterly Statements Of TDS

-e-TDS implies, filing of the TDS return in electronic media as per prescribed data structure in either a floppy or a CD ROM. The aforesaid requirement is essentially a part of the process of automation of collection, compilation and processing of TDS returns. Preparation of returns in electronic forms or e-TDS will eventually be benefici...

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E-Filing of ITR – Solution to Problems During Filling & Uploading

I don't understand the process of e-filing. What should I do? 2. What information do I need, to register myself in the ITD e-filing website? 3. Should Registration be made in the name of the Company or can a director register in his name and file the returns of the company from his user id? 4. Can a Chartered Accountant (CA) can file ret...

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Tax Implication of receiving Gifts

Gifts!! This word always brings smile not only on face of children but also the elder once. But at the same time we should keep in mind the tax implication on gifts. Hence today I am covering this topic in detail. Type of gifts and its taxation is as under: 1. Cash: If aggregate value […]...

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Download TCS Certificates in Form 27D from CPC(TDS) website

CPC(TDS)  provides us with the new feature of downloading Form 27D, the Tax Collection Certificate for Deductees forming part of TCS Statements, filed in the form of 27EQ. Please refer to the following relevant details for the above functionality Form 27D is Tax Collection Certificate in respect of deductees, reported in Form 27EQ Statem...

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Supply of access to online database cannot be equated to e-books

In re Venbakkam Commandur Janardhanan (GST AAR Tamilnadu)

Of the above questions on which ruling is sought by the applicant, the question at (2) and (3) relates to utilization of credit availed by the applicant and Q.No. 4 is on reversal of credit availed, which do not fall under any of the category specified under Section 97(2) of the Act and therefore are not within the ambit of this authority...

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No Advance Ruling if Issue was already pending before appropriate authority

In re Namakkal Agricultural Producers Co-operative Marketing Society Ltd. (GST AAR Tamilnadu)

The application is not admitted and rejected under first proviso to Section 98(2) of the CGST/TNGST Act 2017, as the issues on which Advance Ruling is sought by the applicant s already pending before the appropriate authority....

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AAR Application rejected as issue was already pending with Central Tax authorities

In re S.318 Rasipuram Agricultural Producers Co-operative Marketing Society Ltd (GST AAR Tamilnadu)

In re S.318 Rasipuram Agricultural Producers Co-operative Marketing Society Ltd (GST AAR Tamilnadu) As per the first proviso to Section 98(2) of CGST/TNGST Act 2017 the authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under a...

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AAR application rejected as same issue was already pending before appropriate authority

In re Tiruchengode Agricultural Producers Co-operative Marketing Society Ltd. (GST AAR Tamilnadu)

In re Tiruchengode Agricultural Producers Co-operative Marketing Society Ltd. (GST AAR Tamilnadu) Issues 1. Whether there is any purchase/sale involved in the process of auction of agricultural produce (cotton) conducted by the Tiruchengode Agricultural Producers Co-operative Marketing Society? 2. Whether our Society is liable to pay tax ...

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AAR Tamilnadu allows Real estate developer to withdraw Application

In re Latest Developers Advisory Limited (GST AAR Tamilnadu)

It is stated that the present application was filed in respect of a transaction proposed to be undertaken by the applicant in the state of TamilNadu however on account of unfavourable market conditions and other commercial factors, the applicant has not been in the position to proceed their business activity of identifying land for constr...

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Britannia Winkin’ Cow Thick Shake’ classifiable under CTH 22029930

In re Britannia Industries Limited (GST AAR Tamilnadu)

UHT Sterilized Flavoured Milk marketed under the brand name 'Britannia Winkin' Cow Thick Shake' by the applicant is not classifiable under the Tariff heading '0402 /0404 but classifiable under CTH 22029930....

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GST Payable on auctioning of right to collect charges for vahana pooja

In re Sri Malai Mahadeshwara Swamy Kshethra Development Authority (GST AAR Karnataka)

In re Sri Malai Mahadeshwara Swamy Kshethra Development Authority (GST AAR Karnataka) 1. Regarding question no.1 related to the auctioning for collection of vehicle entry fees, question no.4 related to auctioning of service of tonsuring the heads of devotees, question no.8 related to the auctioning of right to collect service charges and ...

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Micafungin sodium not entitled for concessional rate of 5% GST

In re Biocon Limited (DTA) (GST AAR Karnataka)

In re Biocon Limited (DTA) (GST AAR Karnataka) The phrase “Micafungin Sodium for Injection” very clearly specifies the manner of administering Micafungin Sodium in the body. The applicant, during the personal hearing, with regard to possibility of administering Micafungin Sodium by any way other than injection, have not put a...

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Carbonated beverages with fruit juice classifiable under CTH 22021020 or 22021090

In re M/s. Rich Dairy Products (India) Pvt Ltd (GST AAAR Tamil Nadu)

In re M/s. Rich Dairy Products (India) Pvt Ltd (GST AAAR Tamil Nadu) AAAR upheld the order of AAR and held  that The products ‘Richyaa Darner Lemon’ and ‘Licta Lemon’ to be supplied by the applicant are classifiable under CTH 22021020 and all others i.e. ‘Richyaa Darner Cola’, ‘Licta Cola’,...

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IBC 2016: Suspension of Section 7, 9 & 10: Its Implications & Way Forward

In pursuance of the objective of preventing increased number of defaults by various enterprises amidst financial distress faced by the companies due to the Corona pandemic, the Government of India on 22nd April 2020 proposed to introduce Section 10 A under the Insolvency and Bankruptcy Code, with the objective of suspending Section 7, Sec...

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Suggestions on Measures for revival of Indian economy

Small and medium enterprises (SME) sector, rightly known as India’s ‘engine of growth’, has scaled significantly over the years on the back of increasing awareness, digital advancements and better opportunities that have encouraged many entrepreneurs. to offer innovations and emerge as success stories....

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Once upon a time in Section 50 of CGST Act – The chronicle continues

Section 50 of the Central Goods and Services Tax Act, 2017 (‘the Act’) imposes interest ontax liability not discharged within the due dates prescribed in the law. As is the trend in GST, there has already been a history to the interest levy on either ‘net tax liability after input tax credit adjustment’ or on ‘gross tax liabilit...

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SC: No right to party to challenge bonafides or competence of Judges

In Re Vijay Kurle (Supreme Court of India)

There can be no manner of doubt that any citizen of the country can criticise the judgments delivered by any Court including this Court. However, no party has the right to attribute motives to a Judge or to question the bona fides of the Judge or to raise questions with regard to the competence of the Judge....

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Measures required for Survival of Small & Medium Practicing CAs

We being deal with Small and medium enterprises and the undersigned has in-depth Knowledge and expertise in the areas of business Advisory to most of MSMEs and after experiencing from the world where superpower like America is facing serious Health and Financial Crisis where they estimate for a job loss of nearly 3 cores due to this  Cov...

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इंस्पेक्शन, सर्च और सीजर के प्रावधान- जीएसटी

इंस्पेक्शन , सर्च और सीजर के प्रावधान तो हर कर कानून में होते ही हैं लेकिन पता नहीं क्यों मैंने कभी बहुत अच्छी तरह से पढ़ें ही नही या ...

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Time Limit for Filing Appeal in GST in COVID times

Section 107(1) of the CGST Act, 2017 provides that any person aggrieved with the order of the Adjudicating Authority can file an appeal against such order before the Appellate Authority. The said provisions also provide that such appeal shall be filed within a period of three months from the date on which the order is communicated to such...

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Incomes to be considered in Aggregate Turnover for GST Registration

In re Anil Kumar Agrawaal (GST AAR Karnataka)

The incomes received towards (i) salary/remuneration as a Non-Executive Director of a private limited company, (ii) renting of commercial property and (iii) renting of residential property and (iv) the values of amounts extended as deposits/loans/advances out of which interest is being received are to be included in the aggregate turnover...

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Schedule II-Activities to be treated as Supply of Goods or Services

1. Any transfer of title in goods is a supply of goods. Transfer of title is the act of point in place or time at which ownership of a thing is passed from one person to another. Thus transfer of title for a consideration implies transfer of ownership, transfer of possession and control on goods i.e transfer of the property in goods....

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Contempt of Court by 3 Advocates- SC sentences 3 months imprisonment

In re Vijay Rule & Ors. (Supreme Court)

In re Vijay Rule & Ors. (Supreme Court) There is not an iota of remorse or any semblance of apology on behalf of the contemnors. Since they have not argued on sentence, we have to decide the sentence without assistance of the contemnors. In view of the scurrilous and scandalous allegations levelled against the judges […]...

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November 2020