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MEF empanelment date extended – Firms under Presumptive Taxation not to submit Financial Statements

October 9, 2020 1314 Views 0 comment Print

There is no requirement for submitting the Financial Statements i.e. Balance Sheets and Income & Expenditure Account for the applicants who have opted for the Presumptive Taxation Scheme under Section 44ADA of Income Tax Act, 1961 and have filed their ITR accordingly for the financial year 2018-19.

ROC cannot Deactivate DIN of Director for Disqualification in Any Company

October 9, 2020 6780 Views 0 comment Print

The issue under consideration is whether the ROC is correct and empowered to deactivate the Director Identification Number (DIN) of the director due to his disqualification in one company?

TDS on transportation charges

October 8, 2020 602163 Views 137 comments Print

As per the amended section 194C, through Finance Act (2) of 2009, No deduction shall be made from any payments made to a contractor during the course of business of plying, hiring or leasing goods carriages, on furnishing of his PAN to the deductor. This new subsection 6 of 194-C makes such transport contractor to compulsorily provide PAN to the Deductor, failing to which TDS will be made by Deductor as per 194C.

Income Tax Provisions in Respect of Filing of Statement of Financial Transaction (SFT)

October 8, 2020 34985 Views 9 comments Print

1. Section 285BA:- Section 285BA has been substituted by the Finance Act, 2004 w.e.f. 1-4-2005. It is applicable in respect of transactions registered or recorded during any financial year commencing on or after 1-4-2004. Sub-section (1) of section 285BA requires certain specified persons to furnish Annual Information Return (AIR) in respect of specified financial transactions registered or recorded by them during the financial year.

How to get your PAN Card details updated?

October 8, 2020 19671 Views 14 comments Print

The permanent account number (PAN) card, issued by the income tax authorities, is now widely used in financial transactions and is the single most convenient proof for identity. So, it may be useful to keep the PAN card updated to reflect your current details. The tax information network (TIN), operated by the National Securities Depository Limited (NSDL), provides this service. This facility only allows you to update details such as photograph, address and signature, not the number itself. The PAN change request form is available online.

Serving of Notice on Wrong Address is as good as Not Issuing Notice to Assessee

October 8, 2020 6582 Views 0 comment Print

ITO Vs Ajay Raj (ITAT Delhi) The issue under consideration is whether the notice u/s 143(2) served on wrong address is sustainable in law? ITAT states that, the notice u/s 143(2) of the Act was issued to the address at “85, Kumharon Wali Gali, Village Khampur, Delhi” which was not served on the assessee whereas […]

HC Set Aside Order Rejecting Application for Lower or Nil TDS Deduction Certificate

October 8, 2020 5706 Views 0 comment Print

The issue under consideration is whether the AO’s order for rejecting the application for issuance of a certificate for lower deduction or nil deduction u/s 197 is justified in law?

Expense can be disallowed u/s 40A(2)(b) & Not the Receipts

October 8, 2020 12465 Views 0 comment Print

ITAT states that, in the present case, it is an admitted position that the AO made the addition by invoking the provisions of Section 40A(2)(b) of the Act which are applicable to the expenses considered to be excessive or unreasonable having regard to the fair market value of the goods/services or facilities for which the payment is made.

AO cannot Pass Order in Hasty Manner without considering the material produced by an assessee,

October 8, 2020 2793 Views 0 comment Print

The issue under consideration is whether the petitioner firm had correctly accounted for the deposits made in its account during demonetization?

Swiss Bank A/c: Once assessee provides reasonable explanation, onus shifts to revenue

October 8, 2020 1353 Views 0 comment Print

Once assessee has provided a reasonable explanation about ownership of account, then the onus was on the Assessing Officer to establish that the account belongs to the assessee. The principle is supported by the decision of Hon’ble Calcutta High Court in case of CIT Vs. United Commercial and Industrial Company Limited wherein, it was held that where prima-facie inference on facts is that the assessee explanation is probable, the onus will shift to the revenue.

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