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Archive: 08 August 2020

Posts in 08 August 2020

Issues Related to Section 14A

August 8, 2020 5937 Views 1 comment Print

This Paper is on the Topic ‘Issues related to Section 14A’. Provisions of Section 14A and Rule 8D are invoked in a large number of cases. The tax laws of India treats certain income as not taxable such as agricultural income, dividend received from an Indian company, income of eligible charitable institution, and tax-free interest.

Issue of Notice/Assessment Order in the Name of ‘Deceased Person’ or ‘Amalgamated/Merged Company’

August 8, 2020 27018 Views 1 comment Print

It is noticed that the department has lost the revenue in number of cases mainly on account of fatal mistake made by the AO in issuance of notice to dead person/ non-existent entity or in framing the assessment order in the name of dead person/non-existent entity.

Applicability of Section 2(47)(vi) in Offshore Indirect Transfer of Immovable Property

August 8, 2020 5610 Views 0 comment Print

This article introduces a fresh perspective to the taxation of offshore indirect transfer of immovable property. It argues that such offshore indirect transfer can be taxed under the specific anti-abuse provisions of Section 2(47)(vi) of the Income-tax Act 1961 as they stood prior to the retrospective amendments brought into the Act through the Finance Act 2012.

Traditional Transaction Methods in Transfer Pricing: An Appraisal

August 8, 2020 1890 Views 0 comment Print

Transfer Pricing provisions in Chapter X of the I-T Act 1961 entitled Special Provisions Relating to Avoidance of Tax enables the Transfer Pricing Officer in determining the Arm’s Length Price (ALP) in relation to an international transaction between Associated Enterprises commonly referred as controlled transaction, by using the Most Appropriate Method (MAM) from the prescribed methods under Section 92C (1) of the Act.

Mohini Mills Limited: An Unforgettable Legacy

August 8, 2020 12702 Views 1 comment Print

Mohini Mills Limited was a commercial enterprise, established by Baboo Mohini Mohan Chakraborty after his retirement from Civil Service. It is a tale of entrepreneurship and out of box thinking of a bureaucrat. The enterprise boosted the Swadeshi movement in the country.

Validity of Statement on Oath

August 8, 2020 20304 Views 0 comment Print

Statements on oath are recorded by officers u/s 131(1) and 132(4) of Income Tax Act. The article analyses with the help of judicial pronouncements how to record proper statements backed by credible evidence without any threat or coercion. These statements serve as a crucial piece of evidence necessary for making sustainable additions in assessment.

Reckoning the Period of Six Assessment Years for Making Assessment under Section 153C(1) -Whether the Amendment w.e.f. 01.04.2017 IS Retroactive?

August 8, 2020 6372 Views 1 comment Print

Legal forums at various levels have been annulling assessment orders framed u/s 153C(1) in case of ‘other person’ (the non-searched person) for some of the assessment years out of a totalpermissible period of six assessment years on the ground that they fall beyond the relevant period if reckoned from the year of recording satisfaction/handing over of seized material, as opposed to the statutory provisions, which require the reckoning of the aforesaid period from the year of initiation of search itself,in the same manner as provided u/s 153A.

Stamp duty on lease deed for carrying on of business allowable

August 8, 2020 8148 Views 0 comment Print

Period of lease for which the property has been taken cannot be regarded as a decisive test to determine the nature of the expenditure. It is not disputed that the stamp duty amount has been paid on lease deed for the carrying on of the business of the assessee and therefore the amount of stamp duty paid for has to be allowed as revenue expenditure.

How to File Form GSTR-4 (Annual Return) using offline utility

August 8, 2020 5352 Views 0 comment Print

Learn how to efficiently file Form GSTR-4 (Annual Return) using the offline utility tool. Gain insights into the step-by-step process, from downloading the utility to uploading the JSON file on the GST Portal. Author: Dhara D. Khakharia.

Form GSTR-4 (Annual Return) Offline Utility- FAQs

August 8, 2020 3942 Views 0 comment Print

Article contains FAQs related to Form GSTR-4 (Annual Return) Offline Utility. Faqs are divided in 6 parts which includes About Form GSTR-4 (Annual Return) Offline Utility, Download Form GSTR-4 (Annual Return) Offline Utility, Download the Generated JSON File, Worksheet Tabs in Form GSTR-4 (Annual Return) Offline Utility, Entering and Validating Details in Offline Utility, Upload […]

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