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Online certificate u/s 195(2) and 195(3) for lower/ no deduction

February 4, 2016 84298 Views 3 comments Print

TDS Instruction No . 51 Request has been received from field formations and tax payers to provide functionality for issue of online certificate u/s 195(2) and 195(3) for lower / no deduction as manual certificates were not being considered during processing of TDS statements by CPC TDS.

Procedure, Formats and Standards for ensuring secured transmission of electronic communication to taxpayer

February 3, 2016 5526 Views 1 comment Print

Notification No. 2/2016 a. The email address of the assessee to be used for the purpose of electronic communication shall be as specified in Sub-Clause (b)(i) or(ii) or(iii) of Sub Rule 2 of Rule 127 of Income Tax Rules 1962. b. The assessee may furnish a letter to the Assessing Officer (hereinafter referred to as “AO”) providing any other email address as specified in Sub-Clause (b)(iv) of Sub Rule 2 of Rule 127 of Income Tax Rules 1962.The email address so provided shall be the primary email address for the purpose of issuing electronic communication under this notification once such letter is received by the AO. Otherwise, the existing email as per (a) above would be the primary email.

Rebate of Swachh Bharat Cess paid on all services, used in providing services exported

February 3, 2016 14144 Views 0 comment Print

Notification No. 03/2016-Service Tax – Seeks to amend notification No. 39/2012- ST, dated the 20th June, 2012 so as to provide for rebate of Swachh Bharat Cess paid on all services, used in providing services exported in terms of rule 6A of the Service Tax Rules.

Refund of Swachh Bharat Cess paid on specified services used in a SEZ

February 3, 2016 5266 Views 2 comments Print

Notification No. 02/2016-Service Tax (ba) the SEZ Unit or the Developer shall be entitled to- i. refund of the Swachh Bharat Cess paid on the specified services on which ab-initio exemption is admissible but not claimed; and ii. the refund of amount as determined by multiplying total service tax distributed to it in terms of clause (a) by effective rate of Swachh Bharat Cess and dividing the product by rate of service tax specified in section 66B of the Finance Act, 1994.

Reg. Refund of service tax on services used beyond factory for export of goods

February 3, 2016 5402 Views 3 comments Print

Notification No. 01/2016-Service Tax Seeks to amend notification No. 41/2012- ST, dated the 29th June, 2012 so as to allow refund of service tax on services used beyond the factory or any other place or premises of production or manufacture of the said goods for the export of the said goods and to increase the refund amount commensurate to the increased service tax rate.

Foreign Technicians in India : Liability to tax

February 3, 2016 6446 Views 1 comment Print

Of late, the issue regarding the taxability of the remuneration and living allowance, etc. payable to a foreign technician on deputation in India under a Technical Collaboration or Assistance Agreement, has become quite controversial. At the root of this controversy, are the provisions of S. 9(1)(ii) of the Income-Tax Act, 1961 (the Act). Section 9 of the Act deals with “Income deemed to accrue or arise in India”.

Export of material/equipment under bond, without payment of Central Excise duty, for Kholongchhu Hydro-Electric Project (KHEP) in Bhutan allowed

February 3, 2016 1164 Views 0 comment Print

Notification No. 3/2016-Central Excise (N.T.) Seeks to amend Notification No. 45/2001 – CE (NT) dated 26th June, 2001, as amended, to allow export of material/equipment under bond, without payment of Central Excise duty, for Kholongchhu Hydro-Electric Project (KHEP) in Bhutan

Swachh Bharat Cess not to be paid out of Cenvat Credit & credit of service tax paid on sale of dutiable goods on commission basis

February 3, 2016 27701 Views 1 comment Print

Notification No. 02/2016-Central Excise (N.T.) Seeks to amend CENVAT Credit Rules, 2004, so as to i. specify that the Cenvat credit of any duty specified in sub-rule (1) shall not be utilized for payment of the Swachh Bharat Cess. ii. allow credit of service tax paid on sale of dutiable goods on commission basis.

Validity of reopening of assessments

February 3, 2016 5770 Views 1 comment Print

There has been prevailing in the Income-Tax Department a very erroneous impression that under the provisions of the amended section 147 of the Income-Tax Act, 1961 (the Act), with effect from 1st April, 1989, the Assessing Officer (AO) has got unbridled powers to assess or reassess income which has escaped assessment. This is so, particularly, in respect of cases where no assessment has been made under section 143(3) of the Act

S. 10A / 10B Restriction on transfer of technical manpower under Circular Nos.14 and 12 of 2014

February 3, 2016 6264 Views 0 comment Print

The Central Board of Direct Taxes (CBDT) had issued a Circular No.12 of 2014, dt.18.7.2014, by way of clarification regarding allowability of deduction under section 10A / 10AA, on transfer of technical man-power in the case of software industry [366 ITR (St) 1 : 106 DTR (St) 28]. Vide paragraph (4) of the aforesaid Circular No.12 / 2014, it has been clarified that mere transfer or redeployment of technical man-power from an existing unit to a new SEZ unit

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