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Received Gift – Whether it is Taxable or Not?

October 12, 2020 5434 Views 4 comments Print

Under the provisions of Section 56(2)(vi) certain gifts are liable to income tax as income from other sources. However, this provision is applicable only for individuals and Hindu Undivided Families (HUFs). Thus, if gift is received by any Trust or A.O.P., then it is not liable to income tax as “income from other sources”. The provision of taxation of gifts became applicable in respect of gifts received on or after 1.9.2004 and before 1.4.2006 if the gift money exceeded Rs. 25,000. From 1.4.2006, this amount has been increased to Rs. 50,000 so that cash gifts and gifts by cheque or bank draft from non-relatives and from non-exempted categories can be fully exempt from income tax up to Rs. 50,000 in aggregate in one financial year.

Salary – Tax Treatment of Gratuities

October 12, 2020 36093 Views 0 comment Print

The word ‘Gratuity’, has not been defined in the Income-Tax Act, 1961(the Act). In the absence of any definition of ‘Gratuity’ in the Act, its meaning as provided in the dictionaries has to be referred to. The word ‘Gratuity’ has been variously defined in the Advanced Law Lexicon by P.R. Aiyar. The aforesaid definition is to be found on page 2038 of Book – 2, 3rd Edition,2005,

Income Tax Search & Seizure Check facts before worrying

October 12, 2020 2233 Views 0 comment Print

Under the Income Tax Act, the Search and Seizure operations are a carefully and secretly devised plan of action on the basis of authentic and bonafide information and material (something more than a rumor and gossip), which may be gathered on its own or given by some informer.

TPA to Deduct section 194J TDS on Payments to Hospitals

October 12, 2020 5643 Views 0 comment Print

The issue under consideration is whether a TPA, was required to deduct tax at source on payments made to hospitals under Section 194J of the Act?

Bill discounting Income computable as per accounting method regularly employed

October 12, 2020 9840 Views 0 comment Print

Karur Vysya Bank Ltd Vs ACIT (Madras High Court) Facts- Only matter involved is income received in advance in the nature of interest income on discounting of bills against letter of credit is to be taxed on receipt basis or accrual basis. Assessee contended that there was no escapement of income. Assessee were following mercantile […]

GST: HC Directed to Released Provisional Attachment of 5 Bank Accounts

October 12, 2020 1698 Views 0 comment Print

HC are of the view that none of the above referred conditions are fulfilled in the present case. In the result, this writ application stands allowed. The order of provisional attachment of the five bank accounts of the writ applicant under Section 83 of the Act is quashed and set aside. 

HC Remand Back the case to AO for Detailed Enquiry of Disallowance u/s 36(1)(iii)

October 12, 2020 1863 Views 0 comment Print

The issue under consideration is whether disallowance made u/s 36(1)(iii) is to be allowed when the Assessee has diverted interest bearing funds to its sister concern without charging any interest?

Additional claim can be made before ITAT despite no such claim in Return of Income

October 11, 2020 6996 Views 0 comment Print

The issue under consideration is whether submitting additional claims before tribunal, which is not claim in return of income will be sustain in law?

Matrix for Tax Audit Under Section 44AB for A.Y.2020-21

October 11, 2020 31506 Views 2 comments Print

Article contains Matrix for Tax Audit Requirement Under Section 44AB for A.Y.2020-21. Matrix has been prepared after considering provisions of section 44AB and 44AD for A.Y.2020-21

SC quashes Gujarat Notification exempting factories from paying overtime during lock down

October 11, 2020 1641 Views 0 comment Print

Gujarat Mazdoor Sabha & Anr. Vs. The State of Gujarat (Supreme Court) Facts- The Gujarat Government, on 17th April 2020, issued a notification under section 5 exempting all the factories from various provisions relating to weekly hours, daily hours, intervals for rest etc. for adult workers during the period 20th April 2020 till 19th July […]

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