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Agricultural land even by will cannot be transferred to non-agriculturists: SC

June 23, 2020 32508 Views 1 comment Print

An agriculturist could not part his agricultural land to a non-agriculturist through a Will and the prohibition against transfers of holding without the previous sanction of the concerned authorities was to be seen in that light as furthering the cause of legislation.

No AMP expenditure of assessee lead to promotion of brands of its AEs

June 23, 2020 1290 Views 0 comment Print

AMP expenditure of assessee did not have a direct bearing on the promotion of brands of its AEs as the issue stood decided in favour of assessee by the decision of the Tribunal in assessee’s own case for the preceding assessment years i.e., A.Y. 2007-08 and 2008-09.

How to do Electronic Verification of Income Tax Return

June 23, 2020 33828 Views 16 comments Print

Notification No. 2/2015 dated 13/07/2015 regarding Electronic Verification Code (EVC) for electronically filed Income Tax Return as an alternative mode of verification released. EVC would verify the identity of the person furnishing the return of income .

All about Alternate Minimum Tax

June 23, 2020 65936 Views 0 comment Print

Where the regular Income Tax payable for a Previous Year by a person (other than a company) is less than the Alternate Minimum Tax payable for such Previous Year, the Adjusted Total Income shall be deemed to be the total income of such person and he shall be liable to pay Income-tax on such Total Income at the rate of 18.5% [Section 115JC(1)]

Slump Sale and Related Income Tax Provisions

June 23, 2020 147597 Views 9 comments Print

In the process of integration of the Indian economy with the world economy, a number of companies are going for restructuring to gain benefits from large scale operations and focus upon its core competencies. In the restructuring exercise, certain companies sell off their unprofitable business activities and the business activity as a whole is sold along with assets and liabilities.

Income from cloud hosting services was not taxable as royalty

June 22, 2020 10281 Views 0 comment Print

Income from cloud hosting services had erroneously held as royalty within the meaning of explanation (2) to section 9(1)(vi) as well as Article 12(3)(b) of the Indo-USA DTAA by AO and DRP as  the Data Centre and Infrastructure therein was used to provide services belonged to assessee and customer did not have physical control or possession over the servers and right to operate and manage this infrastructure/servers vested solely with assessee.

Employee Deputation and Cost sharing under GST

June 22, 2020 24009 Views 2 comments Print

The true nature of rendering of services by an individual to another person shall determine his relationship with that person.  If the person is under the control and supervision of such person and the contract is that of service and not for service, the relation per se shall be that of employer and employee and any remuneration paid to or for such services shall not be exigible to GST.  However, where the engagement of services of an individual is through another person, then such contract shall be that of provision of services and shall be exigible to GST.

Foreign Remittance: TDS u/s 195: Reimbursement of Expenses

June 21, 2020 295438 Views 18 comments Print

Taxability of Reimbursement of expenses has always been a contentious issue. In most of the cases, assessee gets away with non-taxability of reimbursement of expenses on the plea of no profit element. However, in some cases, even without profit element, tax authorities and courts have held reimbursement of expenses as income of recipient liable for TDS and taxability in India.

Boost to ICAI Disciplinary mechanism

June 20, 2020 756 Views 0 comment Print

ICAI has a robust disciplinary mechanism that derives strength from the provisions of the Chartered Accountants Act, 1949 and supports furtherance of excellence in the domain of Chartered Accountancy profession.

Section 194C- Synopsis of TDS on Contracts

June 20, 2020 143237 Views 15 comments Print

Poornima M. Persons responsible for making payment of income, covered by the scheme of Tax Deduction at Source (TDS), are responsible to deduct tax at source and deposit the same to the Government Treasury within the time stipulated. The recipient of the income (though s/he gets only the net amount after TDS) is liable to […]

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