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Explanatory Notes on Income Declaration Scheme, 2016

May 20, 2016 5119 Views 0 comment Print

A declaration under the Income Declaration Scheme, 2016 may be made in respect of any income or income in the form of investment in any asset located in India and acquired from income chargeable to tax under the Income-tax Act for any assessment year prior to the assessment year 2017-18

Unexplained investment addition can be made in year of Purchase

May 20, 2016 1792 Views 0 comment Print

If period of holding is >1yr then it is LTCG & Exempt & Assessing Officer can make addition in the year of purchase if unexplained but no addition can be made in the present year/year of assessment.

ITAT condones delay of 2191 days caused due to Staff

May 20, 2016 2446 Views 0 comment Print

In this case ITAT held that a liberal approach has to be adopted by the appellate authorities, where delay has occurred for bona fide reasons on the part of the assessee or the Revenue in filing the appeals.

Tax on services rendered abroad by foreign firms to Indian CA Firm

May 20, 2016 2563 Views 0 comment Print

ITAT Mumbai that payment made by M/s. BSR & Co to KPMG group professional entities based in Various Countries outside India for Services in relation to taxation matters, independent personal services, assistance in audit, taxation, information technology services, conducing background checks, etc.

CIT cannot fault an assessment order without his own inquiry

May 20, 2016 1714 Views 0 comment Print

In the case of Former Chief Minister of Maharashtra Narayan Rane ITAT Mumbbai held that before holding an order to be erroneous, Ld Pr. CIT should have conducted necessary enquiries or verification in order to show that the finding given by the assessing officer is erroneous, the Ld Pr. CIT should have shown that the view taken by the AO is unsustainable in law.

Income Declaration Scheme Rules, 2016

May 20, 2016 9307 Views 0 comment Print

Central Government hereby makes the following rules for carrying out the provisions of Chapter IX of the said Act relating to the Income Declaration Scheme, 2016 namely :-

Service Tax not to be added in Gross Receipts calculation U/s. 44B

May 20, 2016 3976 Views 0 comment Print

Service tax collected by the assessee and paid to the government account having no profit element, cannot be included in the gross receipts for computation of income under section 44B of the Act.

FAQs / Clarifications on Income Declaration Scheme, 2016

May 20, 2016 8530 Views 0 comment Print

The Income Declaration Scheme, 2016 provides an opportunity to persons who have not paid full taxes in the past to come forward and declare the undisclosed income and pay tax, surcharge and penalty totaling in all the 45% of such undisclosed income declared. The Article clarify the points raised in the form of questions and answers as follows.-

Tax exemption can't be denied for Service fee designation in Rs.

May 20, 2016 1186 Views 0 comment Print

It is held that although contract, undoubtedly, designates the consideration in Indian rupees so that the service provider is not put to loss on account of currency fluctuations and merely because Service provider designates the consideration in Indian rupees, his Service Tax Exemption on Exports cannot be denied,

Notified exempt Services by Govt to person with turnover up to Rs. 10 lakh

May 20, 2016 10705 Views 3 comments Print

CBEC has clarified the Services on which no Tax is leviable if provided Government or a local authority to a business entity with a turnover up to rupees ten lakh in the preceding financial year, which are as follows :- (i) services by the Department of Posts by way of speed post, express parcel post, life insurance and agency services provided to a person other than Government ; (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;

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