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Sec. 54 Utilization of capital gains in purchase of residential house sufficient to claim

September 28, 2016 11343 Views 2 comments Print

Utilization of capital gains in construction /Purchase of residential house would suffice to claim the benefit of section 54 of the Act irrespective of the fact that transaction not being complete in all respects.

CBDT cannot extend time to claim deduction under section 54F

September 28, 2016 17859 Views 0 comment Print

Where assessee was precluded from construction of new house due to prohibition of construction in his area then assessee could seek relaxation in terms of section 119(2)(c) at time of claiming deduction under section 54F and such claim could be made only within time period, as prescribed under Act for making such claim.

HC directs tribunal to accept additional ground even if raised by way of oral request

September 16, 2016 14961 Views 0 comment Print

Rule 11 of Appellate Tribunal Rules does not require a party to seek the leave of Tribunal in writing to be heard in support of any ground not set forth in the memorandum of appeal, therefore, Tribunal was directed to adjudicate upon additional ground even if raised by way of oral request.

Updated List of Exempt Services under Service Tax

September 7, 2016 632309 Views 56 comments Print

In this Article we have prepared a List of Services which are exempt from Service Tax as on date from Service Tax after considering Principal Service Tax Notification 25/2012-Service Tax and subsequent Notifications issued by CBEC from time to time.

All about ICAI Restriction on Number of Tax Audits

August 13, 2016 91318 Views 11 comments Print

The Article discusses Legislative History behind enactment of Tax Audit Provisions , Imposition of Restriction on number of Such Audit to be Conducted by Chartered Accountants (CAs) by Institute of Chartered Accountant of India (ICAI), Decision of Honorable High Court and Supreme court on the issue, Report of CAG on Violation of ICAI guideline , Disciplinary Proceeding by ICAI against erring members and Stay by Kerala High Court against Such action till disposal of their representation.

Bad debts W/o cannot be disallowed for non-filing of suit to recover Bad debts

August 4, 2016 3342 Views 0 comment Print

Admittedly, the amounts were lying outstanding for the last couple of years and the assessee has rightly written off the said amount in the books of account and merely because a suit was not filed and that cannot be considered to be a cogent reason to disallow the claim which became bad. One need not incur good money for recovery of the so called irrecoverable or a bad money and file a suit which remains pending for years and with uncertainty.

Additional depreciation allowable to Company in Generation and distribution of electricity even prior to 1-4-2013

July 15, 2016 3027 Views 0 comment Print

Damodar Valley Corporation Vs. Dy. CIT (ITAT Kolkata) We find that on perusal of section 32(1)(iia) of the Act as it stood upto assessment year 2012-13, it is evident that the additional depreciation is permissible to all assessees who are engaged in the business of manufacture or production of any article or thing. In the […]

TDS Rates Chart for FY 2016-17 / AY 2017-18

May 23, 2016 924736 Views 14 comments Print

TDS Rate Chart: TDS/TCS Rates Chart for Financial Year 2016-17/ Assessment Year 2017-18 vide Finance Act 2016 i.e Budget 2016-17.

Section 66D: Updated List of Negative Services

May 22, 2016 645649 Views 26 comments Print

Section 66D of Finance Act, 1994 specifies the Negative list of services i.e the Services on which Service Tax is not leviable. Negative List of Services are different from the exempt Services as exempt services are although taxable but government has exempted them from service tax, while service in Negative list are not taxable at all.

Penalty for Late Filing of Service tax Return

May 20, 2016 438911 Views 67 comments Print

File Service Tax Return in time as Maximum Penalty increased 10 times to Rs. 20000 – Under the existing scheme of law, Rule 7 of the Service tax Rules, 1994 read with its sub-rules deals with the provisions relating to the service tax return. As per Rule 7C; where the return prescribed under rule 7 is furnished after the date prescribed for submission of such return, the person liable to furnish the said return shall pay to the credit of the Central Government, from the date prescribed for submission of return i.e. 25th of the month following the particular half year till the date of furnishing of the said return, the following penalty:

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