CORPORATE AND PROFESSIONAL UPDATE FEBRUAY 7,2016 Direct Tax IT-HUF: Society is in Transition and so the Law – Woman can be Karta of a family (Delhi High Court). IT:TDS u/s 194J – Non deduction of TDS on payment towards Internet Band Width charges – Although the amendment was given retrospective effect legal maxim lex non …
CORPORATE AND PROFESSIONAL UPDATE FEBRUARY 5,2016 Direct Tax Treatment of property lease income that is any income earned by the assessee by the operation of mall has to be taxed under the head of Profits and Gains of business OS Profession. [ Chennai Properties & Investments Ltd. Vs CIT 2015 (8) TMI 481 –SC] Penalty …
CORPORATE AND PROFESSIONAL UPDATE FEBRUARY 4,2016 Direct Tax CBDT Officials directed to use new Performa to request info exchange from foreign tax authorities. Non-resident will not to be liable to deduct tax at source from payments made to persons resident in India, if the source of the aforesaid payments is located outside the Indian Territory. …
CORPORATE AND PROFESSIONAL UPDATE FEBRUARY 3, 2016 INCOME TAX ACT SECTION 37(1) BUSINESS EXPENDITURE – ALLOWABILITY OF Deferred revenue expenditure : Where decision to abandon project was taken in relevant year, balance deferred revenue expenditure relating to said project would be deemed to arise in relevant year and would be allowed as such – [2016] 65 311 …
CORPORATE AND PROFESSIONAL UPDATE FEBRUARY 1, 2016 DIRECT TAX Non deduction of tax at source in respect of interest on debenture u/s 193 – Mere because of Provision made in the books of account as per Accounting Standards where no income has accrued to or has been received by then debenture holders TDS not required …
CORPORATE AND PROFESSIONAL UPDATE JANUARY 30,2016 DIRECT TAX Penalty for default in filing of TCS return waived-off as assessee was unaware of TCS provisions [2016] 65 taxmann.com 254 (Ahmedabad – Trib.) Jaihind Projects Ltd. v. Additional Commissioner of Income-tax Disputed liability not settled for long period couldn’t be said to be ceased as per sec. 41(1) …
CORPORATE AND PROFESSIONAL UPDATE JANUARY 27, 2016 INCOME TAX ACT SECTION 2(47) CAPITAL GAINS – TRANSFER Immovable property : Where agreement to sale was entered in 2001 and part consideration was received and later sale deed was executed in April 2003, transfer of property could be said to have taken place in 2001 –[2016] 65 142 …
CORPORATE AND PROFESSIONAL UPDATE JANUARY 25, 2016 ST: VALUATION OF FLATS GIVEN BY BUILDER TO LANDOWNER AND POT THEREOF CBEC Circular No. 151/2/2012-ST dated 10.2.2012 on following issues: Valuation of construction service; and Point of taxation thereof. According to the CBEC Education Guide on Taxation of Services, 2012: Value of construction service provided to such …
CORPORATE AND PROFESSIONAL UPDATE JANUARY 23, 2016 INCOME TAX ACT SECTION 2(22) DEEMED DIVIDEND Loans or advances to shareholders : Where assessee was a shareholder in a company holding 41 per cent of shares and during year he and his son and daughter had overdrawn certain amount from said company and Assessing Officer treating said amount …
CORPORATE AND PROFESSIONAL UPDATE JANUARY 18, 2016 DIRECT TAX: Making of fresh claim during assessment proceedings allowed [Goetze (India) Ltd. Vs. CIT (2006) 284 ITR 323 (SC)]. Proposal to not to retain Income Tax Refund for Completion of Scrutiny Proceeding. HC allows depreciation on ROC fee after capitalizing it in cost of plant [2016] 125 …