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Income from cloud services was neither taxable as ‘Royalty’ nor as ‘fees for included services’

March 6, 2020 7476 Views 0 comment Print

Income from cloud services was neither taxable as ‘royalty’ nor as ‘fees for included services’ as the customers did not operate the equipment or have physical access to or control over the equipment used by the assessee to provide cloud support services and did not make available technical knowledge, experience, skill, know-how etc.

HC: No evidentiary value of statement which was retracted later

March 6, 2020 1935 Views 0 comment Print

Assessee could not be held guilty for violation of provisions of Section 9(1)(b) of FERA, on the sole basis of the statement of Sh. Ashish Jain, which was retracted later on as none of the orders of the authorities, namely, the Adjudicating Authority, the Appellate Authority or the Tribunal refer to any cogent material to substantiate the allegation of the commission of an offence under Section 9(1)(b) of FERA.

No reassessment can be made solely on basis of statement recorded u/s 133A

March 6, 2020 5430 Views 0 comment Print

Reassessment was not justified wholly on the basis of a sworn statement recorded in the course of survey in the absence of any other tangible evidence available with the Assessing Officer as the materials collected and the statement obtained under Section 133A would not automatically bind upon the assessee.

How to find name of person through his PAN

March 6, 2020 1196957 Views 47 comments Print

Some times we found difficulties while registering with e-filling website. When we enter the Permanent Account Number (PAN) for registration purpose and other details, it shows error in name , that it’s not matching with the data registered with IT department. What to do? How to know the name of the person, which matches exactly with Income Tax Records? Here we would discuss two methods by which we can know the name of person exactly the same as in Income Tax records if we have his PAN.

How to surrender/Cancel extra /Additional PAN Online / Manually?

March 6, 2020 441979 Views 250 comments Print

An assessee may have been allotted multiple PAN Card. The multiple PAN card may have been allotted to the Assessee for many reasons i.e. He may have applied multiple times for allotment of PAN and every time he has been allotted a PAN card or may have inadvertently allowed multiple PAN card by Income tax Department , NSDL or UTI. Assessee who have more than one PAN should immediately Apply for surrender of additional PAN number(s) allotted to them as having more than one PAN may make them liable to a penalty of Rs. 10,000/-

Deduction of not contingent warrant expenses allowable from book profit

March 6, 2020 876 Views 0 comment Print

Provision for warrant expenses was not contingent and had to be allowed as deduction while computing income under the head Income from Business & Profession. Thus, the addition made to the book profits under section 115JB was to be deleted because the liability could not be said to be contingent. 

Yes Bank Ltd.: RBI announces Scheme of Reconstruction

March 6, 2020 2052 Views 0 comment Print

he Reserve Bank of India has today placed in public domain a draft scheme of reconstruction of the Yes Bank Ltd. The Reserve Bank invites suggestions and comments from members of public, including the banks’ shareholders, depositors and creditors on the draft scheme. The draft scheme has also been sent to Yes Bank Ltd. and State Bank of India for their comments. The suggestions and comments will be received by Reserve Bank of India up to Monday, March 9, 2020. The Reserve Bank will take a final view soon thereafter.

CBT of EPFO recommends PF Interest Rate of 8.50% for 2019-20

March 6, 2020 1437 Views 0 comment Print

he Central Board recommended crediting of 8.5% annual rate of interest on the EPF accumulations in the EPF members’ accounts for the year 2019-20. The Central Board ratified and appreciated restoration of normal pension after 15 years from the date of commutation, benefitting about 6.3 Lakh pensioners who had opted for commutation under the erstwhile Para 12-A of EPS, 1995 on or before 25.09.2008.

Zone Wise List of GST Appellate / Audit Commissionerate

March 5, 2020 31719 Views 0 comment Print

Zone List of Commissionerates, Appellate Commissionerate and Audit Commissionerate Zone Wise in Goods & Services Tax (GST). 1. AHEMDABAD ZONE Ahmedabad North Ahmedabad South Ahmedabad South (Appeals) Ahmedabad (Gandhidham) Bhavnagar Kutch (Gandhidham) Rajkot Rajkot (Appeals) Ahmedabad (Audit) Rajkot (Audit) 2. BANGALORE ZONE Belagvi Bangaluru – East Bangaluru – North Bangaluru – North-west Bangaluru – South […]

‘Seat of Arbitration’ instead of ‘Place of Arbitration’ was basis to determine supervisory power of a Court over arbitration

March 5, 2020 1128 Views 0 comment Print

Since the reference to Hong Kong as ‘place of arbitration’ was not a simple reference as the ‘venue’ for the arbitral proceedings; but a reference to Hong Kong was for final resolution by arbitration administered in Hong Kong

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