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No Section 271F Penalty if Reasonable Cause exists for Non Filing of ITR

August 10, 2020 50604 Views 0 comment Print

The issue under consideration is whether the Penalty u/s 271F will be levied for non filing of Income Tax Return even in case of reasonable cause?

Belated Filing of Income Tax Return for AY 2019-20

August 9, 2020 226059 Views 46 comments Print

If the return could not have been filed within the above due dates even then the same can be filed validly as a belated return within the time limit prescribed U/s. 139(4) of the Act. Under section 139(4) a belated return can be filed before the expiry of one year from the end of relevant assessment year or before the completion of assessment whichever is earlier.

GST Portal capacity increased to 3 Lakh users from 1.5 Lakh

August 8, 2020 7680 Views 0 comment Print

Recent Enhancement made and Defects Fixed on GST Portal 1. For Tax Payer  Registration: Submission of non-core amendment application, without a zip code, in case the authorized signatory who is not an Indian, will not be allowed on GST Portal. The message – “Please file all the pending returns till before submission of application for […]

23 CBDT Circulars to Reduce Litigation 

August 8, 2020 5358 Views 1 comment Print

CBDT Circulars CBDT Circulars to Reduce Litigation  S.No. Section of Income Tax Act Circular No. & Date Summary of Circular 1 2(22)(e) Circular No.19/2017 [F.No.279/ Misc./140/2015/ITJ], Dated 12-6-2017 Trade advances, which are in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in Section 2(22)(e) of the Act 2 […]

Onus to prove that income falls under Exemption provisions Fully Lies on Taxpayer

August 8, 2020 2811 Views 0 comment Print

ITAT reiterate that the assessee is seeking to claim exemption from income tax on gains arisen from sale of land on the ground that the land was an agricultural land used for agricultural purposes by the assessee and the onus is on the assessee to prove that its case strictly falls under exemption provisions as are contained in the 1961 Act. Thus, the appeal filed by the assessee is allowed for statistical purposes.

Section 234B interest cannot be imposed on Payee in case of Failure of Payer to Deduct TDS

August 8, 2020 1275 Views 0 comment Print

ITAT states that under this issue the assessee has challenged the levy of interest u/s 234B of the Act. The payer is under obligation to deduct the tax at source and on account of failure of payer to deduct the tax at source, the penalty interest u/s 234B cannot be imposed on the payee.

Section 14A disallowance cannot exceed Actual Expense incurred for earning exempt income

August 8, 2020 1437 Views 0 comment Print

The issue under consideration is whether the disallowance under 14A can be exceed the actual expenditure incurred in this regard?

If two Constructions are Possible then one in Favour of Assessee should be Applied

August 8, 2020 1731 Views 0 comment Print

The issue under consideration is whether late fee u/s 234E can be levied prior to 1.6.2015 i.e. prior to enactment of section 234E?

TDS default on Payment of any Nature other Then Salary, to A Non-Resident / Foreign Company

August 8, 2020 39483 Views 2 comments Print

In this article, I am going to have a discussion on Section 40(a)(i) of the Income Tax Act, 1961. Which deals with disallowance of certain business expenditure in case of TDS default is made by the Payer at the time of making payments to a non-resident or foreign company.

Input services distributor and cross charge- a step towards legitimate allocation of GST (Comparison, limitations and Suitability)

August 8, 2020 1818 Views 0 comment Print

It should be understand first that GST is tax leviable on supply of Good and Services both. It is consumption / destination based tax which against the previous principle of origin based taxation. Tax is charged on Value Added System (VAT) but business to business supply get credit of tax, with framework of law, and at the end tax goes in the hands of the state where consumption is made.

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