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Tax on Interest Received From Post Office Savings Bank Account

October 7, 2020 109194 Views 8 comments Print

Interest earned on Post Office Savings Bank Account is presently exempt under section 10(15)(i) of the Act, vide notification no. G.S.R. 607(E) dated 9 June 1989. The said notification is amended to provide that such interest from Post Office Savings Bank Account will be exempt as follows: – Rs. 3,500 in case of individual account – Rs. 7,000 in case of joint account

Recovery & Stay Proceedings under Income tax- Issues

October 7, 2020 31031 Views 0 comment Print

Such appeal shall be filed before the Chief Commissioner of Income Tax (CCIT) or Commissioner of Income Tax (CIT) [II Schedule Rule 86(1)] Every appeal under the rule 86 is to be presented within 30 days from the date of order appealed against [II schedule Rule 86(2)].

Taxation of Limited Liability Partnership (LLP)

October 7, 2020 75593 Views 6 comments Print

A new type of entity namely limited liability partnership (hereinafter referred to LLP) has come into existence by LLP Act, 2008. LLP is an alternate corporate business that offers the twin benefits of limited liability companies and the flexibility of partnership firms. Introduction of LLPs in India is a path breaking reform which is in consonance with the changing environs of the business world.

HC: Interest payable on delayed Income Tax Refund Interest

October 7, 2020 4821 Views 1 comment Print

CIT Vs Syndicate Bank (Karnataka High Court) Conclusion: When an order of refund was issued, the same should include interest payable on the amount, which was refunded. If the refund did not include interest due payable on the amount refunded, the revenue would be liable to pay interest on the short fall. This did not […]

No defamation of advocate for acting on instruction of client

October 7, 2020 6345 Views 0 comment Print

The Hon’ble Supreme Court and various High Courts has repeatedly held that an advocate, who acted professionally, as per the instruction of his/ her client, cannot be made criminally liable for offence of defamation unless contrary is alleged and established.

HC refuses to Prematurely pronounce in case related to Transfer Pricing

October 6, 2020 582 Views 0 comment Print

The issue under consideration is whether the writ petition filed against the order of DRP rather than first go for appeal before tribunal is justified in law?

HC: Capital gain on conversion of FCCBs into shares would be determined by adopting conversion price prevailing at BSE or NSE on date of conversion

October 6, 2020 2526 Views 0 comment Print

Director Of Income-Tax International Taxation Vs Intel Capital (Cayman) Corporation (Karnataka High Court) HC: Capital gain on conversion of FCCBs into shares would be determined by adopting conversion price prevailing at BSE or NSE on date of conversion Conclusion: AO was not justified in computing capital gains by adopting the cost of acquisition at Rs. 873.83 […]

Membership Fees Paid to Stock Exchange Allowed as Capital Expenditure

October 6, 2020 1716 Views 0 comment Print

The issue under consideration is whether the sum of admission fees paid to stock exchange will be allowed as capital expenditure? In light of Hon’ble Supreme Court judgement in the case of Techno Shares and Stocks Limited (supra) membership of stock exchange is to be treated as a capital asset.

Director not responsible for cheque issued & Dishonoured post his retirement

October 6, 2020 7449 Views 0 comment Print

Alibaba Nabibasha Vs Small farmers agri-busines Consortium & ORS (Delhi High Court) The Petitioner ceased to be the director of the respondent No. 2 with effect from 27th October 2010. The resignation of the petitioner was also notified to MCA. The cheques, totaling to INR 45 Lakhs, were issued on 31st December 2018 by respondent […]

How to resolve Inconsistencies in TDS/TCS Statements through Correction Statements

October 6, 2020 29792 Views 3 comments Print

When you file your TDS/TCS return, first the details regarding deposit of TDS/TCS made by you is compared with the data given by banks. The data is uploaded by banks on the basis of the TDS/TCS challans received by them. For this purpose, the Challan Identification Number (CIN), TAN and TDS amount as given in your TDS/TCS return is compared with the corresponding details given in the challan details provided by the bank that has accepted the tax. (CIN consists of the BSR code of the branch where you deposited the tax, date on which you deposited tax and the challan serial number which have been stamped on the counter foil of the challan given to you.)

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