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Section 14A disallowance even in absence of any exempt income

February 1, 2022 38040 Views 3 comments Print

Clarification in respect of disallowance under section 14A in absence of any exempt income during an assessment year Section 14A of the Act provides that no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income that does not form part of the total income as per the provisions […]

Amendments related to successor entity subsequent to business reorganization

February 1, 2022 7029 Views 0 comment Print

Amendments related to successor entity subsequent to business reorganization Chapter XV of the Act refers to liability in certain special cases. Section 170, inter-alia, governs the procedure of taxation in case of succession to business in the event of reorganization or restructuring of the business which is discussed as under. 2. Though section 170 provides […]

Budget 2022: Cess and surcharge not allowable as deduction

February 1, 2022 6297 Views 0 comment Print

Clarification regarding treatment of cess and surcharge Section 40 of the Act specifies the amounts which shall not be deducted in computing the income chargeable under the head “Profits and gains of business or profession”. Sub-clause (ii) of clause (a) of section 40 of the Act provides that any sum paid on account of any […]

Amendment in section 245MA – Dispute Resolution Committee

February 1, 2022 5493 Views 0 comment Print

Amendment in section 245MA of the Act related to Dispute Resolution Committee Finance Act, 2021 introduced a new chapter XIX-AA in the Act consisting of section 245MA for constituting Dispute Resolution Committee (DRC) for specified persons who may opt for dispute resolution under the said section and who fulfil specified conditions mentioned in the said […]

Budget 2022 proposes to reduce Appeal filing/Litigation

February 1, 2022 1614 Views 0 comment Print

Litigation management when in an appeal by revenue an identical question of law is pending before jurisdictional High Court or Supreme Court. Section 158AA of the Act provides that where the Commissioner or Principal Commissioner is of the opinion that any question of law arising in the case of an assessee (relevant case) is identical […]

Provisions for filing of updated Income Tax return in Budget 2022

February 1, 2022 5769 Views 0 comment Print

Provisions for filing of updated return Section 139 of the Act is related to the provisions for filing of Income Tax Return by taxpayers. 2. Sub-section (1) of section 139 of the Act casts responsibility on the taxpayer to furnish a return within a definite time period or up to a particular date, that is, […]

Income-tax rates for assessment year 2022-23 / Financial Year 2021-22

February 1, 2022 28821 Views 2 comments Print

DIRECT TAXES A. RATES OF INCOME-TAX I. Rates of income-tax in respect of income liable to tax for the assessment year 2022-23. In respect of income of all categories of assessee liable to tax for the assessment year 2022-23, the rates of income-tax have either been specified in specific sections (like section 115BAA or section […]

ITC available on GST paid under RCM on hiring of buses for transportation of employees

February 1, 2022 75942 Views 0 comment Print

In re Maanicare System India Private Limited (GST AAR Maharashtra) Question: – Whether the Applicant (Maanicare System India Private Limited) is eligible to take input tax credit on GST paid under Reverse Charge Mechanism @ 5% for hiring of buses for transportation of employees? Answer:- In the affirmative but only with effect from 01/12/2019. Section […]

ICAI President Message – February 2022

February 1, 2022 960 Views 0 comment Print

As the completion of the Council Year 2021-22 approaches, we look back at this incredible journey of the Council Year. It has been a great honour and privilege to fortify the legacy of my alma mater as the 69th President of ICAI as we have continued to move forward and progress despite the challenges from the pandemic and its ripple effects

Service Tax Penalty justified for deliberate misclassification to evade Tax

February 1, 2022 1395 Views 0 comment Print

Insistence on the part of appellant to deliberately classify their services under a different head shows their intention of escaping their liability for the previous period which amount to non­compliance with statutory obligations.

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