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No TDs deduction U/s 194H on Foreign Commission to Non-Resident

September 7, 2012 19050 Views 0 comment Print

No TDS was required to be made because payment of commission are made to non-resident overseas agent. As such no income is arising to the non-resident agent in India. So, no TDS is deductible u/s 194H of the Act, which is applicable for resident Indians only, even the provisions of section 195 is not applicable as payments are made to non-resident overseas agents for the services rendered outside India.

Liability of Service Receiver & Provider under Reverse Charge Mechanism

September 6, 2012 7252 Views 0 comment Print

Please find below chart depicting the liability of Service Receiver & Service Provider under Reverse Charge Mechanism in very precise and simplified manner. It shall be very handy in day to day working of professionals under industry.

Procedure for VAT / CST / PT Registration in Maharashtra

September 6, 2012 154518 Views 85 comments Print

This Articles explains Procedure for VAT / CST / PT Registration in Maharashtra and also documents required for Registration. Articles also contain format of Related Forms and NOC to be submitted with Sales Tax Authorities.

Retrospective Amendment to section 80HHC Ultra Vires

September 6, 2012 1880 Views 0 comment Print

On consideration of the entire materials on record, we, therefore, find substance in the contention of the learned counsel for the petitioners that the impugned amendment is violative for its retrospective operation in order to overcome the decision of the Tribunal, and at the same time, for depriving the benefit earlier granted to a class of the assessees whose assessments were still pending although such benefit will be available to the assessees whose assessments have already been concluded.

Chart of Service Tax under Reverse Charge Mechanism by a Corporate Entity

September 6, 2012 55784 Views 0 comment Print

In this Article Author has discussed Reverse Charge Mechanisam on Services of an insurance agent to any person carrying on insurance business, Services of goods transport agency in respect of transportation of goods by road, Services by way of sponsorship , Services of an arbitral tribunal Services of advocates (individual/firm), Services of directors of a company, Support services by Government or local authority, Import of Service, Renting of a motor vehicle designed to carry passengers on abated value / non abated value, Supply of manpower for any purpose or security services & Works contract.

VAT (What) is the confusion all about in real estate- Part I

September 6, 2012 14978 Views 0 comment Print

The state government’s move to generate revenue by taxing the sale of flats and imposing a VAT levy on the same has stirred up a hornet’s nest! VAT to many, is seeming like a new entrant to the list of levies on the already heavily burdened real estate sector and therefore there is a stiff opposition that the government is facing from consumers and realtors both.

HC take note of Denial of TDS credit & illegal adjustment of refund by CPC Bangalore

September 6, 2012 5941 Views 0 comment Print

The assessees must be given an opportunity to file response or reply and the reply will be considered and examined by the Assessing Officer before any direction for adjustment is made. The process of issue of prior intimation and service thereof on the assessee will be as per the law. The assessees will be entitled to file their response before the Assessing Officer mentioned in the prior intimation.

Section 40A(3) not attracted on Differential amount paid on exchange of jewellery

September 5, 2012 3360 Views 0 comment Print

Admittedly, assessee was in the business of selling jewellery and it was also purchasing old gold and old diamonds from its customers, who wanted to exchange their old jewellery with new jewellery. Contention of the assessee that it was not effecting any cash purchase from its customers, has not been effectively rebutted. Case of the assessee is that it was effecting purchase of old jewellery from customers who were willing to buy new jewellery from the assessee

E-payment of Customs duty mandatory wef 17.09.2012

September 5, 2012 4207 Views 0 comment Print

Circular No.24/2012-Customs It has been decided to make e-payment of duty mandatory for importers registered under Accredited Clients Programme and importers paying customs duty of one lakh rupees or more per Bill of Entry with effect from 17.09.2012.

Free eBook on Audit, Inspection & Enforcement (Delhi Value Added Tax Act, 2004)

September 4, 2012 2442 Views 0 comment Print

Free eBook on Audit, Inspection & Enforcement under Delhi Value Added Tax, 2004. This Book deals with Section 58 to 65 (amended upto 18-06-2012) of DVAT Act, 2004 read with Rules 22, 23, 41, 43 and 46 of DVAT Rules, 2005. These give power to the department for proper enforcement of the Act, audit of the accounts of the dealer, inspection of records, power to enter premises and seize records and goods, power to stop, search and retain goods and deals with the custody and release of records, disposal of goods, goods vehicle and security.

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