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Necessity of investigation for system failure on mis-declaration of POS, MPOS devices and evasion of customs duty

March 12, 2020 2394 Views 0 comment Print

Chief Commissioner of Customs was directed to consider whether it should be necessary to cause a vigilance enquiry on the system failure to determine how the consignments were cleared when there were so many mis-declaration in description as well as classification of the imported Point of Sale Devices (POS) and Mobile Point of Sale Devices (MPOS) and evasion of customs duty.

Sanction of Walmart’s acquisition of Flipkart by CCI was justified

March 12, 2020 3438 Views 0 comment Print

: In absence of any prime facie opinion framed, that the combination of Walmart-Flipkart was likely to cause or had caused appreciable adverse effect on the competition within the relevant market in India, the sanction of of Walmart’s acquisition of Flipkart by Competition Commission of India (CCI) was justified.

Demand for Cost Recovery Charges was non sustainable

March 12, 2020 5244 Views 0 comment Print

Since no services were being specially provided by the customs officials to the custodians at a customs port or customs airport, to enable them to collect any fee, from such a custodian thus, High Court not only set-aside the demand of Cost Recovery charges but even held that Regulation 5(2) of Regulation 2009 was illegal.

Mere statement without backing of credible evidences not justifies addition

March 12, 2020 2769 Views 0 comment Print

Statements recorded during the course of survey proceedings would not have much evidentiary value unless the same were backed by credible evidences. Assessee could not prove the source and nature of transactions, the stated amount was added to the income of the assessee u/s 68 and the original return was processed u/s 143(1) and the only requirement in law to trigger assessment was that AO had certain reasons to believe that certain income escaped assessment in the hands of the assessee.

How to Create Hindu Undivided Family (HUF)

March 12, 2020 101108 Views 12 comments Print

A Hindu Undivided Family can be created by following ways: 1. Blending of individual property with the family Hotchpot 2. Receipts of Gifts 3. Doing Joint labour for the benefit of HUF 4. Inheritance through a specific bequest under a Will 5. Partition of a larger Hindu Undivided Family 6. Reunion of separated coparceners

Assessment and Taxability of Hindu Undivided Family (HUF)

March 12, 2020 153111 Views 1 comment Print

Hindu Undivided Family (HUF)​ ♠ Hindu Undivided Family (‘HUF’) is treated as a ‘person’ under section 2(31) of the Income-tax Act, 1961 (Act). HUF is a separate entity for the purpose of assessment under the Act. ♠ Under Hindu Law, an HUF is a family which consists of all persons lineally descended from a common […]

S.194C TDS on payment to transporter owing more than 10 Goods Carriage

March 12, 2020 1408242 Views 154 comments Print

As there is no rationale for exempting payment to all transporters, irrespective of their size, from the purview of TDS, it is proposed to amend the provisions of section 194C of the Act to expressly provide that the relaxation under sub-section (6) of section 194C of the Act from non-deduction of tax shall only be applicable to the payment in the nature of transport charges (whether paid by a person engaged in the business of transport or otherwise)

Solutions to errors while doing E-TDS Return

March 12, 2020 1076205 Views 477 comments Print

Invalid File Header Record Length. Invalid File Creation Date. Invalid File Sequence Number. Invalid TAN/TFC Id. Invalid TAN of Deductor / Employer / Collector. Invalid PAN of Employer /Deductor/Collector

Delay in uploading of GST TRAN 1 due to technical glitches was justified

March 11, 2020 888 Views 0 comment Print

Assessee should upload the form GST TRAN1 within a period of two weeks from the date of receipt of the writ of this order as the delay was due to technical glitches in the GST portal.

No deduction for education expenses incurred prior to set up of business

March 11, 2020 2949 Views 0 comment Print

Assessee-sole proprietor was not eligible for a tax deduction for his own education expenses as the same could not be treated as business expenses and the point in time when the expenditure was incurred, the business of the assessee was not set up. 

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