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Archive: 14 March 2022

Posts in 14 March 2022

Prasar Bharati Cannot Retain Service Tax Collected From Customers when no tax was actually chargeable

March 14, 2022 1755 Views 0 comment Print

Prasar Bharati (Broadcasting Corporation of India) Vs Commissioner of Service Tax Delhi (CESTAT Delhi) In the present case, it is true that no service tax was chargeable on the activity of the appellant, viz., carrying the advertisements in its broadcast and telecast. Therefore, the Government cannot collect service tax. It is also true that Section […]

Holding company not liable to deduct TDS on Shares purchased by its Subsidiary

March 14, 2022 1701 Views 0 comment Print

Ingram Micro Inc. Vs ITO (Bombay High Court) The undisputed fact is that petitioner is not the purchaser of shares of THL. Respondent no.1 has failed to appreciate that the shares have been purchased by IMAHI, a wholly owned subsidiary of petitioner and not by petitioner and, therefore, the question of Section 195 of the […]

Refund short allowed – CESTAT Directs dept to consider inadvertent error of Appellant

March 14, 2022 549 Views 0 comment Print

Tata Consumer Products Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore)  From a perusal of the impugned Order-in-Appeal, I find that though the appellate authority has taken note of the claim of the appellant as regards the inadvertent/clerical error, but has not accepted on the ground that the same was not brought to the notice […]

Detailed Analysis of RCM under GST

March 14, 2022 167004 Views 6 comments Print

In case of normal taxable supply, supplier issues tax invoice to recipient and receives the amount from recipient along with GST and then discharge his GST liability to the Govt. It is referred to as ‘forward Charge’. In ‘reverse charge’ supplier shall not charge GST on invoice and receives the amount from recipient without GST.

Some common limits under Companies Act,2013

March 14, 2022 10767 Views 3 comments Print

Applicability of CARO, 2020: (For F.Y 2020-21 and F.Y. 2021-22) The CARO applies to all the companies except the following companies:- ♦ One person Company ♦ Small Companies* ♦ Banking Companies ♦ Companies registered for charitable purposes ♦ Insurance companies ♦ The following private companies having : > Gross receipts or revenue < 10 Cr. […]

Financial Planning- Five Important things to do

March 14, 2022 3993 Views 0 comment Print

It has been deeply engraved and rooted in the mind of general individuals that getting wealth and accumulating money is impossible and only lucky people can be rich. However, if one would speak to people who accumulated wealth, they would tell it is easier. Financial and tax consultant can acts as helping hands to the […]

Annual Information Statement (AIS) User Guide – AIS Portal

March 14, 2022 65319 Views 0 comment Print

Directorate of Income Tax (Systems) Annual Information Statement (AIS) Handbook Version 2.0 (March 2022) Document Version Control Version Month Remarks 1.0 October 2021 First version 2.0 March 2022 Second version – included details of GST Turnover, GST purchases , TDS-194Q (under Business receipts) and Income of specified senior citizens. 1. About this Document The objective […]

No penalty for import of drugs and cosmetics if competent authority issued NOC for release goods after inspection

March 14, 2022 1953 Views 0 comment Print

Beverly Hills Marketing Pvt. Ltd. Vs Commissioner of Customs (CESTAT Delhi) After considering written submission of the appellant, the Adjudicating Authority vide impugned order has held that the appellant had attempted to clear goods imported vide Bill of Entry No. 6374054 dt. 14.05.2018 through non-notified ICD/ Port in violations of the provisions contained in Rule […]

Expense on Pen drives, laptop adapters, batteries & hard disk are revenue expenditure

March 14, 2022 18732 Views 0 comment Print

DCIT Vs Tata AIG General Insurance Co. Ltd. (ITAT Mumbai) The facts clearly shows that the assessee has incurred an expenditure of ₹29,46,886/- on non EDP and EDP equipments under IT expenses. This expenditure is related to purchase of Pen drives, laptop adapters, batteries and hard disk, etc. The learned Assessing Officer made the disallowance […]

Section 194A TDS not deductible on interest paid to Agra Development Authority: SC

March 14, 2022 1581 Views 0 comment Print

Union Bank of India Vs Additional Commissioner of Income Tax (TDS) (Supreme Court of India) Whether the appellant was required by the provisions of Section 194A of the Income Tax Act 1961 to deduct tax at source on payments of interest made to the Agra Development Authority. The issue which is raised in the present […]

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