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

August 8, 2020 3264 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 1530 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 1653 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 1908 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 41727 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 2313 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.

Madras HC issued Notice to Commissioner & AC of GST for ITC related Issues

August 7, 2020 2883 Views 0 comment Print

The Madras High Court issued the notice to the Commissioner and Assistant Commissioner of GST for various issues related to Input Tax Credit, its transitional provisions and concern time limit.

Framing Assessment against Non-Existent Amalgamating Entity is Unsustainable

August 7, 2020 1113 Views 0 comment Print

Genpact India Pvt. Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether the framing of an assessment against a non-existent amalgamating entity is sustainable in law?

No section 68 Addition if Asessee proves Genuineness & Creditworthiness of Creditors

August 7, 2020 1842 Views 0 comment Print

The issue under consideration is whether the addition on account of advances from customers treating the same as unexplained liability (Section 68) is justified in law?

Reimbursement of Re-location expenses: A Perquisite

August 6, 2020 135816 Views 1 comment Print

Recently, I was approached by a multi-national company for an opinion regarding tax-treatment of the expenses reimbursed by the company on the re-location of an employee from his present location to the place of employment with the company. Of late, a number of multi-national companies and other big Indian companies have, by way of incentive, have started to make reimbursement of expenses incurred by an employee on re-location of his residence, etc.

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