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31 FAQs on Government Services under GST Regime

August 21, 2017 27261 Views 1 comment Print

Answer: No, all services provided by the Government or a local authority are not exempt from tax. As for instance, services, namely, (i) services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Government; (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of an airport or a port;

Co-op credit society providing credit facility to non-members not eligible for deduction U/s. 80P

August 21, 2017 4665 Views 0 comment Print

It is noticed by the Assessing Officer, after discussing in detail the activities of the appellant, is that the activities of the appellant are in violations of the provisions of the MACSA under which it is formed. It is pointed out by the Assessing Officer that the assessee is catering to two distinct categories of […]

Penalty u/s 271AAA cannot be levied on undisclosed Income for which AO did not put a specific query to assessee

August 21, 2017 1860 Views 0 comment Print

1. The Revenue is in appeal against the order dated 28th October, 2016 passed by the Income Tax Appellate Tribunal in ITA NO. 476/Del./2014 for Assessment Year (‘AY’) 2010-2011. 2. The question sought to be urged by the Revenue is whether the ITAT erred in law in confirming the order of the Commissioner of Income […]

PML (Maintenance of Records) Third Amendment Rules, 2017

August 21, 2017 1836 Views 0 comment Print

1. (1) These rules may be called the Prevention of Money-laundering (Maintenance of Records) Third Amendment Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette.

EPFO: Forwarding of details required for assessment and timely declaration of Productivity Linked Bonus for the year 2016-17

August 21, 2017 837 Views 0 comment Print

The work relating to the assessment of Productivity Linked Bonus for the year 2016-17 has been taken up. The Productive Linked Bonus (PLB) for the employees of EPFO is assessed on the basis of the productivity achieved and manpower used in respect of each Regional Office separately.

Validity of Depreciation claimed for first time in return filed U/s. 153A pursuant to search

August 20, 2017 873 Views 0 comment Print

Returns of income filed in response to notice under section 153A are as a consequence of search action taken under section 132 on the assessees. These proceedings are analogous to proceedings under section 147, i.e., reassessment, to the extent that these proceedings are for the benefit of revenue and not that of the assessee. Therefore, assessee could not be permitted to convert such reassessment proceedings as his appeal or revision in disguise and seek relief in respect of depreciation earlier not claimed in original return of income.

Right of appeal U/s. 260A is a substantive right and cannot be impaired by any subsequent legislation

August 20, 2017 1629 Views 0 comment Print

S. 260A: Right of appeal is not a matter of procedure. It is a substantive right. This right gets vested in the litigants at the commencement of the lis and such a vested right cannot be taken away or cannot be impaired or imperilled or made more stringent or onerous by any subsequent legislation unless the subsequent legislation said so either expressly or by necessary intendment.

GST Website Crashes before last date of Filing GSTR 3B tomorrow

August 19, 2017 43122 Views 20 comments Print

The GST Website, GSTN Portal gst.gov.in is expecting errors since today morning and is down consistently resulting in users not able to file GSTR 3B , make payments. Notable that tomorrow is the last date of filing GSTR 3B for the month of July 2017.

USA is not a person or authority under the Indian Income Tax Act

August 18, 2017 1434 Views 0 comment Print

USA is not a person or authority under the Indian Income Tax Act, subsidy or grant received from it does not attract Explanation 10 to section 43(1), extraction of coal from mines and processing thereof tantamounts to production

How to lodge GST related complains with Higher Authorities

August 18, 2017 45096 Views 21 comments Print

Technical difficulties and failure of GSTN to address the same in a time bound manner is creating various legal, operational as well as technical hassles for taxpayers. Over and above technical difficulties and non-availability of solutions to address the issue is giving sleepless nights to taxpayers as well as various GST consultants as it will affect them via burden of late fee, penalty and Interest as well as legal hassles in future.

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