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Companies incorporated through SPICe+ to file EPFO/ESI returns on crossing thresholds

March 3, 2020 3870 Views 1 comment Print

MCA has clarified on Its website that New companies incorporated through SPICe+ and thereby have obtained EPFO/ESI numbers will have to file statutory returns only when they cross thresholds prescribed under the relevant Acts.  

Leave encashment provision not to be added in Book Profit for Section 115JB

March 3, 2020 4362 Views 0 comment Print

Provision for leave encashment being in the nature of an ascertained liability was to be reduced while computing the book profit under Section 115JB.

Govt notifies value of supply of lottery for GST

March 2, 2020 5154 Views 0 comment Print

The value of supply of lottery shall be deemed to be 100/128 of the face value of ticket or of the price as notified in the Official Gazette by the Organising State, whichever is higher. Organising State has the same meaning as assigned to it in clause (f) of sub-rule (1) of rule 2 of […]

Order passed by CESTAT without considering case on merits should be re-considered

March 2, 2020 2142 Views 0 comment Print

Since there was absolutely no material that Revenue had failed in strictly adhering the limitation period under Regulation 20(7) of CBLR, 2013 and it was not the Revenue, who kept the file, without passing the final order under Regulation 20(7) within the 90 days limitation period and it had been kept pending only at the instance of the Respondent/Licensee, therefore,  the matter was remitted back to CESTAT for fresh consideration only on the merits of the issue, not on the ground or point on limitation under Regulation 20 of CBLR, 2013.

Section 54F Exemption allowed Even if Residential Flats Constructed alongwith Saleable flats

March 2, 2020 1185 Views 0 comment Print

whether AO is correct in disallowing the exemption u/s 54F on the ground that residential flat was not constructed after the date of transfer and they were constructed alongwith saleable flats?

Expenses incurred to keep setup of business in existence during temporary lull was allowable

March 2, 2020 2250 Views 0 comment Print

Atul Babubhai Shah Vs JCIT (ITAT Ahmedabad) Conclusion: All the expenses incurred by assessee during the temporary lull period were eligible for deduction as the same were necessary to incur or keep its business setup in existence. Held: During assessment proceedings, AO observed that assessee for the year under consideration claimed business expenses against NIL business […]

Illegal gratification paid to public servants- Discovered in I-T Raid

March 2, 2020 2049 Views 0 comment Print

Incriminating documents and electronic data seized during the search show that substantial amount of illegal gratification was being paid to public servants and others every month. Further, daily details of unaccounted sales, bank accounts opened in the names of employees having transactions worth crores and an unaccounted bank account have been found. D

TDS on Pension and Retirement Benefits

February 29, 2020 153355 Views 23 comments Print

1. What is Pension? Pension is described in Section 60 of the CPC and Section 11 of the Pension Act as a periodical allowance or stipend granted on account of past service, particular merits, etc. It involves three essential features. Firstly, pension is a compensation for the past service, secondly, it owes its relationship to a past employer-employee relationship or master servant relationship. Lastly, it is paid on the basis of earlier relationship of agreement of services as opposed to an agreement for service.

Treatment of fresh claim of assessee before completion of assessment

February 29, 2020 33156 Views 1 comment Print

Whether an assessing officer is required to entertain and consider a fresh claim or a modification in a claim made at any time before the completion of assessment u/s 143(3) of the income-tax act.

Taxability of Conversion of Stock in trade to Investment

February 29, 2020 40843 Views 0 comment Print

In case of a business of trading in shares assessee may transfer some of his stock in trade into his capital asset by deciding to hold it as an investment or on discontinue of delivery based trading of shares, convert the stock of shares into investments and sell the same at a later stage and pay tax on the profit as capital gain instead of business profit.

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