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Emerging Issues in TDS

December 13, 2019 36102 Views 3 comments Print

TDS contributes about 43% of direct taxes revenue as also significant proportion of indirect tax collections. Besides it is the most regular source of revenue unlike advance tax which is received in four installments. Therefore in recent years the Government has placed more and more reliance on such mode of tax collection which is very convenient and cost effective. With globalization and expansion of economic landscape, various new and emerging areas of TDS mobilization have come into play which have to be effectively tapped not only to mobilize the valuable revenue but also to expand the tax base.

Milk chilling and packing service exempt from GST- TRU Circular invalid- HC

December 13, 2019 20046 Views 0 comment Print

It is hereby held that milk chilling and packing service provided by the contractors to the petitioners are exempted by virtue of Serial No.24 of the table to Notification No.11/2017 – Central Tax (Rate) dated 28.6.2017.

No ruling can be given on questions not related to Appellant :AAAR

December 13, 2019 780 Views 0 comment Print

In re Kasturba Health Society (GST AAAR Maharashtra) The Maharashtra Appellate Authority for Advance Ruling  held that the  questions by the Appellant are not maintainable in terms of the Clause (a) of section 95 of the CGST Act, 2017, as the transaction with respect to which the Appellant has asked the questions, are not pertaining […]

No Penalty for delay in tax audit report submission due to technical venial breach

December 13, 2019 3645 Views 0 comment Print

In the instant case, the audit report was obtained within the due date prescribed u/s 44AB of the Act. The delay has occurred due to delay in filing return of income. The assessee has stated that it was under bonafide belief that the audit report could also be filed before 31.3.2015. There is also no dispute with regard to the fact that the audit report was available with the assessing officer before he completed the assessment.

GST system limitations cannot be a justification to deny relief: HC

December 12, 2019 10155 Views 0 comment Print

Vision Distribution Pvt. Ltd. Vs Commisioner, State Goods & Services Tax & Ors. (Delhi High Court) Coming Heavily on GST Department/GSTN Delhi High Court held that The business activity in the country could not be expected to come to a standstill, only to await the Respondents making the GST system workable. The failure of the […]

Tax Deducted at Source-Scope and Way Forward

December 12, 2019 7878 Views 2 comments Print

The government uses TDS as a tool to collect tax in order to minimise tax evasion at a later date. The objective of TDS could be said, in general, to be maximization of revenue collection while minimizing the cost of collection.

International Taxation: A User’s Guide

December 12, 2019 5229 Views 0 comment Print

In today’s globalised world, even officers posted outside the Commissionerate of International Taxation should have working knowledge about basics of International Taxation and the DTAAs. This article tries to develop a working guide to the officers on the issue of payment to non-residents.

Import of Rakhi exempt from duty if Customs clearance sought as gifts

December 12, 2019 4050 Views 0 comment Print

Para 2.25 of Foreign Trade Policy, 2015-20 revised prohibiting import of goods, including those purchased from e-commerce portals, through post or courier, where Customs clearance is sought as gifts, except for life saving drugs / medicines and Rakhi (but not gifts related to Rakhi). Rakhi will be exempted as under Section 25(6) of Customs Act, […]

No GST on additional/Penal interest for delayed Loan EMI payment

December 12, 2019 4647 Views 0 comment Print

In re Bajaj Finance Limited (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling, hereby, hold that the additional/Penal interest recovered by the Applicant from their customers against the delayed payment of monthly instalments of the loan extended to such customers, would be exempt from GST in terms of Sl. 27 of the Notification No. […]

Operational Risk Management: Price / Yield range setting in e-Kuber

December 12, 2019 1242 Views 0 comment Print

In the recent past there have been a few instances of Fat Finger, Big Figure errors on the part of market participants in G Sec auctions. Realizing that such errors can cause financial loss to the bidders, Reserve Bank of India has developed a “Price / Yield range setting” facility on its Core Banking Solution (CBS) platform, viz. e-Kuber.

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