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Introduce threshold limit of Rs. 25 crore for SDT documentation requirements: ICAI

January 16, 2018 2427 Views 0 comment Print

The Finance Act 2012 has introduced DTP in spite of existing provisions under the Act which empower the Assessing Officer (AO) to re-compute the income of assessees availing profit-linked deductions if there are transactions with related parties or other undertakings of the same assessee

Address Concerns in Section 94B Limitation of interest benefit provisions: ICAI

January 16, 2018 6261 Views 0 comment Print

The Finance Act, 2017 introduced limitation of interest benefit (deduction) provisions in where an Indian company, or a permanent establishment of a foreign company in India, being the borrower, pays interest exceeding rupees one crore in respect of any debt issued/guaranteed (implicitly or explicitly) by a non-resident AE.

Extend Protection from applicability of GAAR to all transactions upto 31.03.2017: ICAI

January 16, 2018 1053 Views 0 comment Print

Section 95 was amended via the Finance Act, 2015 to provide that provisions of Chapter X-A relating to General Anti-Avoidance Rule (GAAR) are made applicable from A.Y. 2018-19. In effect, the applicability of GAAR is deferred by two years.

Enable taxpayers from countries like Germany, France, Singapore and Italy to file for bilateral APAs: ICAI

January 16, 2018 834 Views 0 comment Print

The Indian APA authorities have been refusing to accept applications for bilateral APAs from countries like Germany, France, Singapore and Italy as the Double Taxation Avoidance Convention (DTAC)

Ground rent shall be allowed as deduction in addition to section 24(a) : ICAI

January 16, 2018 16602 Views 1 comment Print

At present, there is no provision for allowing deduction towards ground rent paid in computation of income from house property & the same has been merged into 24(a). Ground rent shall be allowed as deduction in addition to section 24(a) deduction since 24(a) mainly focuses on repairs & maintenance.

Section 23(5) – Deemed Taxability of unsold stock of house property after 1 year of lying vacant – Non-applicability of restriction contained in section 71(3A)

January 16, 2018 23760 Views 2 comments Print

The Finance Act 2017 inserted sub-section (5) in existing section 23 to provide that where the house property consisting of any building and land appurtenant thereto is held as stock-in-trade and the property or any part of the property is not let during the whole or any part of the previous year, the annual value of such property or part of the property

Section 92CE Introduction of secondary adjustment- ICAI Suggestions

January 16, 2018 52131 Views 0 comment Print

The Finance Act, 2017 introduced the concept of secondary adjustment on Transfer Pricing (TP) adjustments. A taxpayer is required to make a secondary adjustment, where the primary adjustment to transfer price has been made in the following situations

Tax LTCG on shares of a company in which public are not substantially interested at concessional rate of tax @ 10%: ICAI

January 16, 2018 1719 Views 0 comment Print

Section 112(1)(c)(iii) was introduced in the year 2012 to extend the beneficial rate of tax at the rate of 10 percent, on long-term capital gains (which was earlier only available to Foreign Institutional Investors) to other non-resident investors including Private Equity Investors.

Clarification with regards to taxation of Natural Gas under MVAT Act

January 16, 2018 6792 Views 0 comment Print

For the period 24th August 2017 to 13th October 2017 the sales of Natural Gas, to manufacturers, who were not holding the registration certificate under the MVAT Act during the said period, shall be liable for VAT @ 13.5% under Schedule entry B-15..

Disclosures by Insolvency Professionals and other Professionals appointed by Insolvency Professionals conducting Resolution Processes

January 16, 2018 2808 Views 0 comment Print

It has been decided that an insolvency professional and every other professional appointed by the insolvency professional for a resolution process shall make disclosures as specified in Para 3 to 5 hereunder.

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