Return forms DVAT-16 and Form1 along with annexures and DVAT-30 & 31 have been amended vide notifications issued on 20-09-2013. Thus, the second quarter return of the current year is the first return to be filed after modifications.
It has been brought to our notice that, some banks are not providing TDS Certificate in Form 16A to their customers in time, causing inconvenience to customers in filing income-tax returns timely.
Many corporate including Pvt Ltd Cos have other related group companies and they transfer money to & from other company as and when require. Stop doing this, even retrospectively from 12th September, 2013 as these can be treated as interest free loan u/s 185 of new company law.
The AO noted in the assessment order that the assessee society is running maternity hospital and all services pertaining to maternity only. Maternity is a natural process and could not be termed as illness or disease. Giving birth and at that time hospital providing services for delivery could not be said to be providing any treatment for illness or mental defectiveness.
Once the legislature has not specified the ‘due date’ as provided in section 139(1) in Explanation 5A, then by implication, it has to be taken as the date extended under section 139(4). In view of the above, we hold that the assessee gets the benefit / immunity under clause (b) of Explanation to section 271(1)(c) because the assessee has filed its return of income within the ‘due date’ and, therefore, the penalty levied by the Assessing Officer cannot be sustained.
One thing is apparent that divergent view have been expressed by the Hon’ble Courts what is to be charged u/s.22 of the IT Act is the annual value of the property, irrespective of the fact whether or not any income is either actually received or accrued to the assessee.
It has been observed that deductors are wrongly entering the tax amount deducted on sale of property in ‘interest’ or ‘others’ or ‘fee’ column while making the e-payment. Accordingly, zero TDS credit will appear in Form 16B.
As per the records of Centralized Processing Cell (TDS), the TDS Statements have been filed by many deductors for different quarters. However, many of them have not yet registered on TRACES (https://www.tdscpc.gov.in).
While accepting a Correction Statement at TDS CPC, it is checked that ‘Total Tax Deposited’ is greater than or equal to the ‘Summation of Deductee Deposited Amount in Annexure I against that challan plus Interest plus Others plus Late Filing Fee’. However, a number of Correction Statements have been rejected due to above reason.
Now, The Company may keep its BOA or other relevant papers in electronic form. The CG may direct that the BOA may be kept for a longer period in case of a company under inspection
