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Double taxation in case of buy back of shares by the  company in case of ESOP’s

January 23, 2018 2775 Views 0 comment Print

At the time of buy back of shares (not being shares listed on a recognised stock exchange), by a company from the shareholder, the company is liable to pay income tax on distributed income under Section 115QA of the Act.

List of CBEC Officers to receive Presidential Award on Republic Day, 2018

January 23, 2018 2010 Views 0 comment Print

Grant of Presidential Award of Appreciation Certificate to the officers of Customs & Central Excise on the eve of Republic Day, 2018 as notified vide Notification No. 09/2018(N.T)

MGST Notification No. 08/2018-State Tax- Extension of date for filing return in FORM GSTR-6

January 23, 2018 3777 Views 0 comment Print

No. JC(HQ)-1/GST/2017/Noti/18/ADM-8.—In exercise of the powers conferred by sub-section (6) of section 39 read with section 168 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017) (hereinafter referred to as the said Act)

8 Pre-Budget Suggestion on GST to remove difficulties faced by Taxpayers

January 22, 2018 1920 Views 0 comment Print

It is suggested that the six months cap be removed so that the deemed credit can be availed on all pre-GST goods lying in stock. Appropriate forum needs to be set up for challenging the classification of imported goods either with the Customs Department or under the GST Department.

Clarify in respect of AMP expenditure by companies advertising foreign brands in India

January 22, 2018 729 Views 0 comment Print

From last many years, companies advertising foreign brands in India are been scrutinized in TP audits, for the AMP expenditure made by them. On this issue large TP adjustments are been made. This has led to litigation between the companies and TPOs resulting in the disallowance all marketing expense and the same is been challenged in higher authorities.

Clarify on reporting of share Capital transaction in Form 3CEB: ICAI

January 22, 2018 24528 Views 0 comment Print

Clause 16 of the Form 3CEB requires the reporting of particulars in respect of the purchase or sale of marketable securities, issue and buyback of equity share, optionally convertible/ partially convertible/ compulsorily convertible debentures/ preference shares.

Agreement with foreign countries or specified territories Section 90- Tax treaties vis-a-vis the Act

January 22, 2018 1281 Views 0 comment Print

Section 90(2A) of the Act provides that notwithstanding anything contained in Section 90(2) of the Act, the provisions of Chapter X-A i.e. GAAR shall apply to the taxpayer even if such provisions are not beneficial to the taxpayer.

Increase Domestic transfer pricing audit limit to INR 50 crores: ICAI

January 22, 2018 21519 Views 0 comment Print

The existing provisions under Section 92BA of the Income-tax Act, 1961, require an assesse to comply with the transfer pricing provisions if the aggregate of the Specified Domestic Transactions exceeds INR 20 crore during an assessment year.

Rationalise penalty for non-furnishing of Country by Country report

January 22, 2018 2847 Views 0 comment Print

The deadline for filing the CbyC report in India is 30 November 2017 for first covered FY 2016-17 i.e. only 8 months post the end of FY 2016-17 have been provided to the taxpayers to prepare and furnish the CbyC report.

Address concerns on Interpretation of ‘terms’ used in tax treaties U/s. 90/90A but not defined in such treaties

January 22, 2018 2409 Views 0 comment Print

Under the existing provisions of Section 90 of the Act, power has been conferred upon the Central Government to enter into a tax treaty with the Government of any country outside India for granting relief in respect of income on which income-tax has been paid both under the said Act and Income-tax Act in that foreign country

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