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Particulars of penalties and punishments in e-form MGT-7

November 14, 2015 10255 Views 1 comment Print

There are two expressions used in point XII of e-form MGT-7 – ‘Penalties and Punishments’. What do the two mean and how are they different? a. Penalties are penalties as in sec 42, 60, 91, 94, 111, 118, 119, 132, 136, 173 etc. b. Punishment refers to punishment by way of fine or imprisonment.

19 Summarized points of FAQ on Swachh Bharat Cess

November 14, 2015 3988 Views 0 comment Print

1. SBC shall be levied and collected as service tax on all the taxable services at the rate of 0.5% of the value of taxable service. 2. The Central Government has appointed 15th day of November, 2015 as the date from which provisions of Swachh Bharat Cess will come into effect. 3. SBC is not leviable on services which are fully exempt from service tax or those covered under the negative list of services.

Industrial Canteens exempt From Service Tax

November 14, 2015 27288 Views 3 comments Print

This article is a short description about the taxability of the services provided by Industrial canteens maintained in a factory under the Factories Act,1948. It is to be analysed on the basis of :- 1. the Mega Exemption Notification No.25/2012 – ST dated 20.06.2012 and 2. the Amended Notification No. 14/2013-ST dated 22/10/2013. Under the […]

Time limit for taking CENVAT credit of Service Tax

November 14, 2015 30798 Views 0 comment Print

W.e.f. 01.09.2014, a time limit of six months from the date of the document was introduced to avail CENVAT credit on inputs and input services. This restriction was introduced by inserting 3rd proviso to Rule 4(1) of CCR-2004 vide Notification No. 21/2014 CE NT Dt. 11.07.2014. This time limit of six months has been enhanced to one year with effect from 01.03.2015, vide Notification 6/2015 CE NT Dt. 01.03.2015.

Electricity is good and Machinery used in its production eligible for additional depreciation U/s. 32(1)(iia)

November 14, 2015 2272 Views 0 comment Print

The claim of depreciation made by the assessee in the return of income included depreciation of wind mill @ 80% and additional depreciation @ 20% as per Section 32(1)(iia) of the Income Tax Act, 1961. The assessee’s claim of additional depreciation was disallowed by the Assessing Officer on the ground that additional depreciation

S. 40A(3) Purchase of poultry feeds falls under exceptions clause provided in Rule 6DD(e)

November 14, 2015 7744 Views 0 comment Print

Admittedly, the assessee had made payments to M/s Pickme Feeds in cash by directly depositing cash in the bank account of M/s Pickme Feeds for supply of poultry feeds to the assessee. The assessee in turn supplies the poultry feeds to various farmers in the rural areas.

TDS not deductible on reimbursement of Information technology costs

November 14, 2015 2075 Views 0 comment Print

DCIT V/s. M/s AT & S India Pvt Ltd.(ITAT Kolkata) Reimbursement of Information technology costs does not result in income in the hands of the recipient an hence, the payments are allowable deductions and not fall within the mischief of section 40(a)(i) read with section 195.

No Penalty on Return of loan by cash to sister concern under a bonafide belief

November 14, 2015 2336 Views 0 comment Print

Global Realty Heritage Venture (Cochin) (P.) Ltd., vs Addl. CIT (ITAT Delhi) In the absence of any such evidence the plea of bonafide belief in the peculiar circumstances cannot be discarded. It is seen that the assessee has consistently canvassed that there was a bonafide belief that the amount taken

Assessment not valid if AO fails to issue notice u/s 143(2) after return filing by way of letter by Assessee

November 14, 2015 4172 Views 0 comment Print

Ms. Meenakshi Aggarwal vs. ITO (ITAT Delhi) ITAT held that the non-issue of notice u/s. 143(2) after filing of the return of the Assessee, by way of letter, makes the assessment order passed u/s. 143(3) r.w.s. 147 bad in law.

No Set-off of losses or unabsorbed Depreciation/business loss against Profit Exempt U/s. 10A

November 14, 2015 1439 Views 0 comment Print

M/s. A. T. Kearney India Pvt. Ltd. Vs. ITO (ITAT Delhi) Profits and gains u/s 10A were not to be included in the income of the assessee at all and as such the question of setting off of loss of assessee of any profits

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