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Service tax cannot be levied on documents processing charges received by Automobile Dealers

January 29, 2018 1257 Views 0 comment Print

The Delhi bench of the CESTAT, in M/s Marudhara Motors v. CCE, held that the documentation services provided by automobile dealers would not attract service tax as the same was not providing on behalf of the financial institutions or banks.

Section 194C- Amend definition of the term ‘work’: ICAI

January 29, 2018 6171 Views 0 comment Print

As per the existing provisions of the Act, the work for the purpose of deduction of tax at source on payment to contractors has been defined to include manufacturing or supplying a product according to the requirement or specification of customer by using material purchased from such customer.

SEBI Online Registration Mechanism and Filing System for Depositories

January 29, 2018 2769 Views 0 comment Print

In order to ease the process of application for recognition / renewal, reporting and other filings in terms of Securities and Exchange Board of India(Depositories and Participants) Regulations, 1996 and other circulars issued from time to time, SEBI has introduced a digital platform for online filings related to Depositories.

Online Registration Mechanism and Filing System for Stock Exchanges

January 29, 2018 855 Views 0 comment Print

In order to ease the process of application for recognition / renewal, reporting and other filings in terms of the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012 and other circulars issued from time to time, SEBI has introduced a digital platform for online filings related to Stock Exchanges.

Section 132(1), 132(1A) and 132A(1)- Reason to believe to conduct a search, etc. not to be disclosed

January 28, 2018 5424 Views 0 comment Print

The Finance Act, 2017 has inserted an Explanation to section 132(1), 132(1A) and 132A(1) to declare that the reason to believe or reason to suspect as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal. The said amendment would lead to unnecessary harassment of taxpayers.

Section 142A- Estimation of value of asset by Valuation Officer

January 28, 2018 9678 Views 0 comment Print

As per the provision prior to Finance (No. 2) Act, 2014 contained in section 142A, the Assessing Officer may, for the purpose of making an assessment or reassessment require the Valuation Officer to make an estimate of the value of any investment, any bullion, jewellery or fair market value of any property.

Section 139(5)– Reduction in time limit for filing revised return

January 28, 2018 18009 Views 2 comments Print

The Finance Act 2017 amended section 139(5) to provide that the time for furnishing of revised return shall be available up to the end of the relevant assessment year or before the completion of assessment, whichever is earlier.

Sanction for issuing a reopening notice cannot be mechanical

January 28, 2018 1656 Views 0 comment Print

It is a settled principle of law that sanction granted by the higher Authority for issuing of a reopening notice has to be on due application of mind. It cannot be an mechanical approval without examining the proposal sent by the Assessing Officer.

Common Area Maintenance and non-occupancy charges paid are deductible from rent in computation of ‘Annual Letting Value’ u/s 22

January 28, 2018 8601 Views 0 comment Print

Common Area Maintenance Charges and non-occupancy charges paid by the assessee to the Society are deductible from the rent while computing the Annual Letting Value u/s 22

Section 80IA(5) Only losses of years beginning from initial A.Y. alone are to be brought forward

January 28, 2018 8736 Views 0 comment Print

Only losses of the years beginning from the initial assessment year are to be brought forward for set-off against profits of the eligible unit. Losses of earlier years which are already set off against income cannot be brought forward notionally for set-off. The fiction in s. 80-IA(5) is created only for a limited purpose and cannot be extended

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