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Archive: 30 September 2020

Posts in 30 September 2020

Time for compulsory selection of returns for Scrutiny extended

September 30, 2020 27861 Views 0 comment Print

CBDT extended the date for selection of cases for Compulsory Scrutiny on the basis of prescribed parameters, as communicated vide Board’s letter dated 17.09.2020, from 30th September,2020 to 31st October,2020.

Section 271AAB penalty notice defective if it not specify the default

September 30, 2020 11019 Views 0 comment Print

Rashmi Jalan Vs ACIT (ITAT Kolkata) Penalty notice issued under section 274 read with section 271AAB  is bad in law as the showcause notice issued by the Assessing Officer does not specify the charge/s against the assessee for levy of penalty, as required by law. Thus, on this ground, the penalty is quashed. Even otherwise, […]

Mere Rejection of section 35D claim not amounts to Concealment of Income

September 30, 2020 666 Views 0 comment Print

DCIT Vs. ICICI Bank Ltd. (ITAT Mumbai) The issue under consideration is whether the CIT(A) is correct in deleting the penalty levied u/s 271(1)(c) on the disallowance of expenses made u/s.35D? ITAT states that, the assessee claimed deduction of preliminary expenses u/s 35D which was rejected by Ld.AO in terms of decision of Hon’ble Madras […]

No Addition for Showing Net Impact of Marketing Income under head Marketing Cost in P&L A/c

September 30, 2020 1059 Views 0 comment Print

Orion Property Management Services Ltd. Vs. ITO (ITAT Bangalore) The issue under consideration is whether CIT(A) is correct in making addition of Sponsorship and Promotional income by reducing it from marketing cost? In the instant case, the marketing income has been considered under the head marketing cost and net of expenses is debited to P&L […]

How to Draft CIT / ITAT Appeal & Procedure

September 30, 2020 284732 Views 22 comments Print

The Income-tax Rules, 1962 ( the Rules) only provides that an appeal to the Commissioner (Appeals) shall be made in Form No. 35 and that the form of verification shall be signed and verified by the person who is authorised to sign the return of income under section 140 of the Income-tax Act, 1961 (the Act) (Rule 45) . However, Income-tax (Appellate Tribunal ) Rules, 1963 ( the Tribunal Rules) specifies as to the contents of the memorandum of appeal. Rule 8 mandates that every memorandum of appeal shall be written in English and shall set forth, concisely and under distinct heads the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively. Rule 47 of the Rules prescribes Form No. 36 for an appeal to the Income-tax Appellate Tribunal (the Tribunal) and Form No.

How to make correction/Revision in Salary Details of e-TDS return already filed?

September 30, 2020 41081 Views 5 comments Print

How can I update a salary record? You can update salary details viz; Name and PAN of employee, salary amount, deductions etc. Steps for updating salary record are as under: Identify the salary detail record by its sequence number as per regular statement or Value in the field ‘Gross total Income’ as per regular statement. Update the salary details as required Along with updated values, Gross Total Income as per regular statement should also be provided in the correction statement.

What is TDS, Responsibilities of Deductor & Procedure to pay TDS

September 30, 2020 51590 Views 8 comments Print

TDS is one of the modes of collection of taxes, by which a certain percentage of amounts are deducted by a person at the time of making/crediting certain specific nature of payment to the other person and deducted amount is remitted to the Government account. It is similar to “pay as you earn” scheme also known as Withholding Tax in many other countries, one of the countries is USA. The concept of TDS envisages the principle of “pay as you earn”. It facilitates sharing of responsibility of tax collection between the deductor and the tax administration. It ensures regular inflow of cash resources to the Government. It acts as a powerful instrument to prevent tax evasion as well as expands the tax net.

CBIC amends rules related to E-Invoice Under GST

September 30, 2020 40296 Views 1 comment Print

CBIC notifies registered person, other than a Special Economic Zone unit and those referred to in sub-rules (2), (3), (4) and (4A) of rule 54 of the said rules, whose aggregate turnover in  any preceding financial year from 2017-18 onwards exceeds Five hundred crore rupees, as a class of registered person who shall prepare invoice […]

Section 271(1)(c) Penalty proceedings not sustainable if not specifies Limb

September 30, 2020 27216 Views 0 comment Print

Balaji Telefilms Limited Vs. DCIT (ITAT Mumbai) The issue under consideration is whether the penalty proceedings u/s 271(1)(c) without specifying the limb will be sustain under law? ITAT states that, it has been held by Hon’ble Court that the notice would have to specifically state the ground mentioned in Section 271(1)(c) of the Act namely […]

CBIC extends due date of GSTR-9 & GSTR 9C to 31.10.2020 (Read Notification)

September 30, 2020 45948 Views 5 comments Print

After obtaining due clearances from the Election Commission in view of the Model Code of Conduct, Government has extended due date for furnishing Annual Return in GSTR-9 and GSTR 9C for 2018-19 from 30.09.2020 to 31.10.2020. Notification is as follows. MINISTRY OF FINANCE (Department of Revenue) CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS Notification No. […]

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