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Charitable Trusts – Requirement of Form No 10 for Exemption u/s 11(2)- Whether Mandatory Or Directory?

February 22, 2022 39462 Views 1 comment Print

Non filing of Form 10 within the prescribed time u/s 11(2)  Exemptions are provided to Charitable & Religious Trusts 1) Unconditionally, u/s 11(1) of the Act to the extent it does not exceed 15% of the income from such property; 2) Conditionally, u/s 11(2) of the Act, without any upper limit on fulfillment of the […]

Representation for extension of Income Tax due dates to Finance Ministry

December 25, 2021 33048 Views 3 comments Print

Synopsis of the Representation by ‘Bhayandar CA Social Group’ made for extension of due dates – To the Finance Ministry on 24-12-2021 We have not asked any extension of the due dates. We have asked for our fundamental right to be professionally engaged in the profession of the Chartered Accountancy by having seamless access to […]

Controversy on deduction of Employees’ contributions to EPF etc

November 1, 2021 4533 Views 2 comments Print

Controversy on deduction of Employees’ contributions to Employees’ Provident Fund (EPF), superannuation fund and other welfare funds u/s 36(1)(va) and u/s 43B after amendment by the Finance Act 2021 As per section 2(24)(x) any sum received by the assessee from his employees as contribution to any provident fund or superannuation fund or any fund set […]

The Game of Due Date

March 26, 2021 23973 Views 3 comments Print

Every year the assessees, tax professionals and the tax departments play the game of ‘Due-Dates, Due Dates’. It has become a game of cricket in which the match is not decided until the last ball is bowled. For reasons attributable to all the stakeholders like tax professionals including assessees and the tax department, the due date of the compliance is rarely honored.

What if Due Date for filing ROI on 10th January 2021 falls on a Sunday?

January 10, 2021 29244 Views 1 comment Print

10th January 2021, the last date of filing of ROI u/s 139(1), falls on Sunday. In such a case what should be the due date ROI u/s 139(1)? 10th January 2021 or 11th January 2021? Opinions varies. An analysis of the provisions affecting the Due Date may perhaps clarify the issue. General Clauses Act 1977: […]

Consider extension of Income Tax Due dates: Gujarat HC to UOI

January 8, 2021 25461 Views 0 comment Print

All Gujarat Federation of Tax Consultants Vs Union of India (Gujarat High Court) High Court held that respondent No.1 – Union of India, Ministry of Finance should immediately look into the issue, more particularly, the representation dated 12th October 2020 at Annexure : I of the paper book (page 108) and take an appropriate decision […]

Pre Budget Memorandum: Suggestions for amendments for better compliance

January 5, 2021 5466 Views 0 comment Print

Pre Budget Memorandum: Suggestions for amendments for better compliance 1) Under section 11 exemption is available to registered trusts if they spend at least 85% of the income property held under trust. However, when any trust spends more than its income (say by borrowings) then the resultant deficit is not calculated by the ITR Form […]

Due Dates as per Income Tax Act 1961 expiring on 31st December 2020? Is it really so? Just Check up before Panicking

December 24, 2020 8763 Views 2 comments Print

Infinite and Still Continuing Order of the Hon’ble Supreme Court for Extension of the Due Dates under General law of limitation or under Special Laws (both Central and/or State). The Supreme Court of India has, vide its order dated 23-03-2020 SUO MOTU took COGNIZANCE FOR EXTENSION OF LIMITATION and passed the following order: ORDER 1. […]

Contradiction between Dates in Form 3CD & dates for submission of Audit Reports

November 4, 2020 35910 Views 9 comments Print

Clauses of Form 3CD which can’t be answered while submitting it by 30th November 2020 The Income Tax Act has been amended by the Finance Act 2020 and further amended by The Taxation And Other Laws (Relaxation And Amendment Of Certain Provisions) Act, 2020 to provide certain restrictions and/or relaxations in the existing provisions and […]

Tax on income of certain domestic companies: Section 115BAA with case scenario study

November 4, 2020 8379 Views 1 comment Print

Tax on income of certain domestic companies: Section 115BAA with case scenario study 1) Section 115BAA has been inserted w.e.f. A Y 2020-21 to provide for an optional alternative tax regime for domestic companies. The eligible corporate assessees are given an option to opt for a concessional rate of tax @25.17% ((22%+10%+4%) instead of the […]

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