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No section 69 addition in absence of evidence to prove that payment made beyond sale agreement

March 16, 2020 2640 Views 0 comment Print

Since there was no material available before AO that assessee had paid anything more than what was mentioned in the sale deed, therefore, no addition was warranted in the instant case by invoking the provisions of section 69. 

Section 41 addition cannot be made on basis of unsigned balance sheets

March 16, 2020 1221 Views 0 comment Print

Addition by AO under section 41(1) as liability of ‘Trade Payables’ written off was not justified as the balance-sheets filed by assessee were neither signed by the Auditor nor by the Director and, therefore, the same were not reliable and assessee had failed to produce any confirmation to the effect that the assessee received payment from M/s. O as interest free unsecured loan.

Australian Dollar Rate for Customs with effect from 17.03.2020

March 16, 2020 420 Views 0 comment Print

Central Board of Indirect Taxes notifies Rate of exchange of one unit of Australian Dollar equivalent to Indian rupees with effect from 17th March, 2020 vide Notification No. 25/2020-Customs (N.T.) dated the 16th March, 2020. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) ***** Notification No. 25/2020–Customs […]

No detention of goods under GST for undervaluation in invoice

March 16, 2020 12801 Views 1 comment Print

Under valuation of a good in the invoice could not be a ground for detention of the goods and vehicle for a proceeding to be drawn under Section 129 of the Central Goods and Service Tax Act, 2017 read with Rule 138 of the Central Goods and Service Tax Rules, 2017.

Draft Guidance Note on Companies (Auditor’s Report) Order, 2020

March 16, 2020 7923 Views 0 comment Print

The Ministry of Corporate Affairs has issued the Companies (Auditor’s Report) Order, 2020 (CARO 2020) on 25th February 2020 which is applicable for audits of financial statements for the financial years beginning on or after 1st April, 2019. We hereby inform you that the Auditing and Assurance Standards Board of ICAI is in the process […]

TCS on sale of Motor Vehicles and goods or services

March 15, 2020 145585 Views 10 comments Print

The existing provision of section 206C of the Act, inter alia, provides that the seller shall collect tax at source at specified rate from the buyer at the time of sale of specified items such as alcoholic liquor for human consumption, tendu leaves, scrap, mineral being coal or lignite or iron ore, bullion etc. in cash exceeding two lakh rupees.

Exemption from PAN furnishing U/s. 206AA to non-resident

March 15, 2020 23599 Views 0 comment Print

In order to reduce compliance burden, it is proposed to amend the said section 206AA so as to provide that the provisions of this section shall also not apply to a non-resident, not being a company, or to a foreign company, in respect of any other payment, other than interest on bonds, subject to such conditions as may be prescribed.

No capital gains tax liability on firm U/s. 45(4) on retirement of its partner

March 15, 2020 75209 Views 4 comments Print

As is well-known in income-tax circles, there continues to be a lot of controversy about the interpretation of the provisions of section 45(4) of the Income-Tax Act, 1961 (the Act). Under section 45(4) of the Act, capital gains tax is sought to be charged on a firm in case of transfer of a capital asset and distribution of capital assets, on the dissolution of the firm or otherwise.

Exit tax where charitable institution converts into non-charitable

March 15, 2020 20800 Views 1 comment Print

In order to ensure that the intended purpose of exemption availed by trust or institution is achieved, a specific provision in the Act is required for imposing a levy in the nature of an exit tax which is attracted when the organization is converted into a non-charitable organization or gets merged with a non-charitable organization or does not transfer the assets to another charitable organisation.

Recommendations of 39th GST Council Meeting on IT Roadmap

March 14, 2020 11310 Views 1 comment Print

Shri Nandan Nilekani would attend the next 3 meetings of the GST Council and update the council of the status of implementation of the decisions taken by the Council and assist the Council in taking appropriate decisions on technology related issues, 

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