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GSTR-9A (Annual composition scheme return)- How to file with FAQs

March 7, 2019 6609 Views 2 comments Print

Article explains What is Form GSTR-9A, Who needs to file Form GSTR-9A, Who doesn’t need to file Form GSTR-9A, Is it mandatory to file Form GSTR-9A,  pre-conditions for filing Form GSTR-9A, filing of nil Form GSTR-9A,  How to file Form GSTR-9A, date of filing of Form GSTR-9A, when do I need to file Form GSTR-9A, […]

GE overseas group companies having PE & DAPE in India, liable to tax in India

March 6, 2019 4125 Views 0 comment Print

Assessee-GE group had carried out business through PE in India and GE India constituted DAPE in India for all overseas GE Group entities as LO were discharging vital responsibilities relating to finalization of commercial terms and a prominent involvement in the contract finalization process.

Section 195 TDS not to be deducted on routine support services as it is not FTS under India UK DTAA

March 6, 2019 3459 Views 0 comment Print

Where services provided by employees of BGIL were merely in the nature of routine support services, the same could not be termed as ‘FTS’ under Article 13 of the India UK DTAA, therefore, there was no requirement for assessee to deduct taxes from such payments in India u/s 195.

Section 54F deduction not available on failure to deposit unutilized amount in CGS account by due date

March 6, 2019 1695 Views 0 comment Print

Assessee was not entitled to claim of deduction under section 54F as assessee had failed to deposit the unutilized amount of capital gains in the capital gains scheme account by the due date of filing of return of income.

Source of utilization of fund irrelevant for deduction U/s. 54/ 54F

March 6, 2019 3318 Views 0 comment Print

Where assessee had purchased new residential house utilizing own funds lying in his saving bank account, deduction under section 54F could not be denied on the allegation that assessee did not utilize capital gains for investment purpose because source of utilization of fund is irrelevant for claiming benefit of deduction under section 54F.

Credit of eligible duties on inputs held in stock- HC accepts writ

March 6, 2019 1074 Views 0 comment Print

It was submitted that all the five conditions enumerated under sub-section (3) of section 140 of the Act are satisfied by the petitioner. Referring to clause (iii) of sub-section (3) of section 140 of the Act, it was submitted that the same provides that the said registered person should be in possession of invoice or other prescribed documents evidencing payment of duty under the existing law in respect of such inputs.

SC upheld addition of Share Capital and Share premium

March 6, 2019 26844 Views 4 comments Print

Principal CIT Vs. NRA Iron & Steel Pvt. Ltd. (Supreme Court) Hon’ble SC held practice of conversion of unaccounted money through the cloak of share capital/premium must be subjected to careful scrutiny. This would be particularly so in the case of private placement of shares, where a higher onus is required to be placed on […]

Exemption to startup companies from angel tax w.e.f. 19.02.2019

March 5, 2019 26973 Views 0 comment Print

CBDt has vide Notification No. 13/2019 granted exemption to startup companies from angel tax w.e.f. 19.02.2019 if such companies fulfill the conditions specified in para 4 of the notification number G.S.R. 127(E), dated the 19th February, 2019. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 13/2019 New Delhi, the 5th […]

Complete Assessment of case of substantial cash deposit during demonetisation by 30.06.2019

March 5, 2019 23241 Views 0 comment Print

SOP for handling of cases related to substantial cash deposit during the demonetisation period in which notice under section 142(1) of the Income-tax Act, 1961 has not been complied-regd.-

TDS U/s. 194J deductible on investigation charges paid by Bank on assessee’s behalf

March 5, 2019 5826 Views 0 comment Print

Merely the payment of investigation charges to the chartered accountant firm was made by the bank on behalf of the assessee did not mean that the transaction was covered under the provisions of section 194A read with section 2(28A). As such the assessee was liable to deduct the TDS under section 194J and thus, assessee was not eligible for deduction for the expenses due to non-deduction of TDS. 

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