Monthly Archives: April 2019

TDS u/s 194C will apply on Payments made for catering services : HC

By | April 30, 2019

The Assessing Officer held that services of catering rendered by M/s Monginis is technical service and therefore, deduction of tax at source by the respondent has to be under Section 194J of the Act. However, in appeal both the Commissioner of Income Tax (Appeals) (CIT(A)) as well as the Tribunal on facts have come to… Read More »

No reassessment merely on the basis of information received from investigation wing : HC

By | April 30, 2019

On receipt of information, the least that is expected of the Assessing Officer is to examine the same in the context of the facts of this case and satisfy himself whether the information received does prima facie lead to a reasonable belief that income chargeable to tax has escaped assessment. In this case, the reasons indicate that… Read More »

Circular No 101/20/2019 GST : No GST on upfront amount payable in instalments for long term lease of plots

By | April 30, 2019

No GST to be levied on the upfront amount payable in instalments for long term lease of plots Circular No 101/20/2019-GST F. No. 354/27/2019-TRU Government of IndiaMinistry of FinanceDepartment of RevenueTax Research Unit North Block, New Delhi,Dated the 30th April, 2019 To,The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/Commissioner of Central Tax (All) /The Principal… Read More »

Circular No 100/19/2019 GST GST Applicability on Seed Certification Tags

By | April 30, 2019

GST Applicability on Seed Certification Tags. Circular No 100/19/2019 GST F. No. 354/27/2019-TRUGovernment of IndiaMinistry of FinanceDepartment of RevenueTax Research Unit North Block, New Delhi,Dated the 30th April, 2019 To,The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/Commissioner of Central Tax (All) /The Principal Director Generals/ Director Generals (All) Madam/Sir,Subject: GST applicability on Seed Certification Tags-reg.… Read More »

To stay demand , AO can not ask 20% of disputed Tax mechanically without examining facts and circumstances of case : HC

By | April 29, 2019

The grant of stay is conditional upon the satisfaction of three primary aspects, i.e., the existence of a prima facie case, financial stringency demonstrated and established by the Assessee and the balance of convenience in the matter. Thus, the Office Instruction directing the Assessing Authority to call upon the assessee to remit 20% of the… Read More »

No penalty of sec 158BFA if income disclosed during search does not exceed income determined by AO: HC

By | April 29, 2019

Only when final determination of income is in excess of that returned by the assessee, under Section 158BC, could there be a levy of penalty under Section 158BFA of the Act HIGH COURT OF KERALA Commissioner of Income-tax, Cochin v. C. Najeeb K. VINOD CHANDRAN AND ASHOK MENON, JJ. IT APPEAL NOS. 1312 & 1549 OF 2009… Read More »

Equipment Parts Supply under Services Agreement is Mixed Supply : AAAR

By | April 29, 2019

Appellant provides the maintenanceservices through two separate Agreements (referred to as Agreement-i e. ‘Comprehensive Maintenance Agreement’ and Agreement-2 i.e. ‘Equipment Parts Supply and Services Agreement’) AAR held that Activities performed under Agreement-i shall be classified as “Composite Supply”, where principal supply would be the supply of maintenance In respect of Agreement- 2, the AAR has held that the services provided under the said Agreement… Read More »

No GST on sale or purchase of DFIA (Duty Paying Scrips) : AAAR

By | April 29, 2019

we conclude that the DFIA, also popularly known as duty paying scrips in the trade parlance, is equivalent to the duty credit scrips, as far as the tax treatment thereon, are concerned and accordingly, there will be nil rate of GST on the sale or purchase of DFIA as provided in Sr. 122A of the… Read More »

INC 22A (ACTIVE) Filing : ICSI Advisory

By | April 29, 2019

The Institute of Company Secretaries of India Dear Professional Colleague, Subject: Filing of e-Form INC 22A (ACTIVE) – ADVISORY  As per Rule 25A of the Companies (Incorporation) Rules, 2014 inserted through the Companies (Incorporation) Amendment Rules, 2019 and further amended through the Companies (Incorporation) Fourth Amendment Rules, 2019, “Every company incorporated on or before 31st December, 2017 shall file particulars… Read More »