COMPLIATION OF FAQS INCOME TAX SERIES 5

Similar documents
COMPLIATION OF FAQS INCOME TAX SERIES 1

COMPILATION OF FAQS GST SERIES 6

TAX AUDIT POINTS TO BE CONSIDERED

SEC. 115 BBE OF I.T. ACT & OPERATION CLEAN CASH. CA. RAKESH AGRAWAL M.COM., LL.B., FCA, DISA Mob. :

Contents. Finance Act, Increase in standard deduction of salaried taxpayers

REGISTRATION & RETURN PROCESS UNDER GOODS AND SERVICES TAX (GST) By CA Sandip Agrawal Sandip Satyanarayan & Co Chartered Accountants

Updates by Tax & Accounting Professional Forum (TAPF) September 2018

Transitional Provisions

CHANGES IN INCOME TAX BY UNION BUDGET 2017

COMPILATION OF FAQS COMPANY LAW / LLP SERIES 4

Tweet FAQs. The tweets received by askgst_goi handle were scrutinized and developed into a short FAQ of 100 tweets.

S. No. Questions / Tweets Received Replies Registration 1. Does aggregate turnover include value of inward supplies Refer Section 2(6) of CGST Act.

IMPORTANT DATES DIRECT TAXES. TDS / TCS returns are to be filed Quarterly.

Tax is imposition financial charge or other levy upon a taxpayer by a state or other the functional equivalent of the state.

Articles Orientation Programme. The Chamber of Tax Consultants. By CA Amit Purohit. Coverage. Overview of Section 44 AB and its applicability

Beginners Course on GST (Registration, Returns, Payment & Documentation) organised by WIRC 3rd October Presenter CA Mandar Telang

Webcast on recent changes in form 3CD AY th August CA. D K Bholusaria

CA IPCC Taxation Nov 2014 solutions (Both Direct and Indirect taxes) CA N Rajasekhar M.Com FCA DISA (ICAI) Chennai

COMPILATION OF FAQS COMPANY LAW / LLP SERIES 1

Tax Audit Series 9 S. No. 21

Proposed Amendments in GST Law

Unit 11: COMPUTATION OF TAX

GOODS AND SERVICE TAX (GST) TRANSITIONAL PROVISIONS COMPILED AND PREPARED BY : CA SAGAR THAKKAR

[Chapter IX] Edition NBC, Chartered Accountants and member of Allinial Global Accounting Association. All Rights Reserved.

Interim Union Budget 2019 & Important changes for AY CA. PRAMOD JAIN B. COM (H), FCA, FCS, FCMA, LL.B, MIMA, DISA, IP

6. Detailed information to be given on amount debited to P & L a/c of Capital Expenses, Personal Expenses, and Advertisement.

Composition. Exports

Tax Audit Series 20 S. Nos

Composition Levy Under GST- A Boon or Bane

FAQ. Hindustan Shipyard Limited

GST (GOODS AND SERVICES TAX) TDS MECHANISM UNDER GST

Registration. Chapter IV FAQS. Registration (Section 22 to 30)

CS Professional Programme Solution June Paper - 6 Module-III Advanced Tax Laws and Practice Part-A

CHANGES IN INCOME TAX RETURN FORMS RELEVANT FOR A.Y

FAQs. Yes. He is liable for registration as he is engaged in Inter State supplies.

Payment of tax, interest, penalty and other amounts (Section 49)

[Chapter XI] Edition 9

INDIRECT TAXES UPDATE 157

FILING OF RETURNS UNDER GST INCLUDING MATCHING OF INPUT TAX CREDIT

Budget Highlights

TAXATION OF CO-OPERATIVE SOCIETIES (BASIC PROVISIONS)

Association of Mutual Funds in India Goods and Services Tax - FAQs for Distributors October 2017

Key Amendments to Form 3CD [Effective from August 20, 2018] Nihar Jambusaria

EXECUTIVE SUMMARY FEMA Regulations

Presentation on GST Annual Return & GST Audit

CHANGES IN ITR FORMS FOR A.Y Presented by: CA. Sanjay K. Agarwal

TDS Provisions and Compliances under GST

Assistant Commissioner of Income Tax vs. Celerity Power LLP [2018] 100 taxmann.com 129 (Mum ITAT)

FORM NO. 3CD [See rule 6G(2)] Statement of particulars required to be furnished under section 44AB of the Income-tax Act, 1961 PART - A 1.

COMPOSITION LEVY DISCLAIMER: Threshold limit for Composition scheme: Act

Registration. Chapter IV. FAQ s. Registration (Section 22 to 30)

All you should know while filing GSTR - 3B Return

Refunds. Chapter IX. FAQ s. Refund of tax (Section 54)

VAT CONCEPT AND ITS APPLICATION IN GST

JUST 5 MINUTES TAXCON TM INDIA PRIVATE LIMITED

Unit 11: COMPUTATION OF TAX

CA. PRAMOD JAIN. B. COM (H), FCA, FCS, FCMA, LL.B, MIMA, DISA Shared at Laxmi Nagar CPE Study Circle of NIRC of ICAI 16 th February 2018

2 TAXATION & INVESTMENT REGIME FOR PRADHAN MANTRI GARIB KALYAN YOJANA, 2016 (PMGKY)

Rate Chart of services provided by SCI

: 1 : Time allowed : 3 hours Maximum marks : 100. Total number of questions : 6 Total number of printed pages : 8

Chapter IX Returns Statutory Provision 37. Furnishing details of outward supplies

2. Delay in updation of TDS credit in Form No. 26AS of the taxpayer and approaching due date of TDS statement filing for first quarter

Transferring efficiency Advancing new options. Indirect Tax Seminar Issues and Prospects June 22, 2013 Anjlika Chopra

Reversal of Input. Compiled by:- CA Gaurav Goyal CA Varun Garg. Contact Us at:- Updated On 4 th Sep, 2017

INDIAN INTERIM BUDGET

As proposed in The Finance Bill, 2016 introduced by Finance Minister of India on 29th February, 2016.

SURENDER KR. SINGHAL & CO

JAYESH SANGHRAJKA & CO. LLP CHARTERED ACCOUNTANTS

GST. Concept & Roadmap By CA. Ashwarya Agarwal

Subject : Representation on the procedure followed in disposal of applications under section 197 of the Income tax Act, 1961

Total turnover/ Gross receipts 30% 30% of FY > Rs 50 Cr No change in rate of Surcharge

GOODS AND SERVICE TAX FILING OF RETURN. Prepared by Dharmendra Academy of GST Awareness

CA NAVYA MALHOTRA. CA Navya Malhotra [B.Com(H), M. Com, ACA, DISA Certified GST Member- The I.C.A.I] Latest Developments including Audit under GST

Income Tax Handbook for Traders & Investors

Issues in GST on Banking Sector

GSTR - 3B Dec 3B Jan 3B Feb 3B Mar 3B Apr 3B GSTR -1 July to Nov 2017 Dec 2017 Jan 2018 Feb 2018 Mar 2018

GST for Mutual Fund Distributor Commission - FAQs

For J B Nagar Study Circle Meeting

Transitional Provisions in GST... by Raman Gupta

GST Overview. ~CA Unmesh G. Patwardhan~ Mobile No Unmesh Patwardhan Mobile No

By CA ANIKET S. TALATI. M.COM., FCA., Regional Council Member- WIRC of ICAI

Budget 2017 Decoding the impact on Start-ups

UNION BUDGET 2018 AMENDMENTS

Taxation Laws & Property

BCAS LECTURE MEETING 20 st May by CA Raman Jokhakar B. D. Jokhakar & Co.

F. No. CBEC/20/16/4/2018-GST Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs GST Policy Wing

LATEST IN INCOME TAX. LUNAWAT & CO. Chartered Accountants CA. PRAMOD JAIN. (From Businessmen s Point of View) 3 rd June, Phagwara

Salient features of Direct Tax Proposals of Union Budget 2011

DIRECT TAX. E TAXATION August Salary Under Section 17(1) does not includes : A. Wages B. Pension C. Interest D.

SUGGESTIONS ON GST Implementation Issues

Goods and Services Tax

WESTERN INDIA REGIONAL COUNCIL OF ICAI

Goods and Services Tax CA. Sathish V & CA. Krishna J August 2017

Income Computation and Disclosure Standards

ICDS Overview & ICDS I, II & IV

Issues in Taxation of Income (Non-Corporate)

FILE // SERVICE TAX EXEMPTION NOTIFICATION FOR EXPORT OF SERVICES

Free of Cost ISBN: CS Executive Programme Module-I (Solution upto June & Questions of Dec Included)

Goods and Service. By CMA Sachin Kathuria. CMA Sachin Kathuria

FAQ s on Form GSTR-9 Annual Return

Transcription:

COMPLIATION OF FAQS INCOME TAX SERIES 5 Concept by CA. Pramod Below is a compilation of selective questions asked by different persons on www.expertspanel.in and answered by various Experts empanelled thereon. The same is being shared as a knowledge sharing process for the benefit of all. Complied by Shreya 24 th July 2018 Below is the List of top 5 Experts who have answered most Queries in this category as on the date of this Compilation S. No. Name 1 CA. Pramod, Delhi 2 CA. Prakhar Bansal, Bilaspur, Chhattisgarh 3 CA. Manoj, Gurugram 4 CA. DK Bholusaria, Delhi 5 CA. Rekha Vivek Dhamankar, Pune, Maharashtra S. Query No. asked by 5.1 CA Atul Gupta 5.2 CA Monica K 5.3 Himakshi CA Student 5.4 CA Priyanka Question Answered by Answer Whether games such as Common Wealth Games or Khelo India School Games required to file ITR During survey, difference in inventory was noted. The assesse offers this difference in the return of income. My query is it to be taxed by 60% (u/s 115BBE) but does Income Tax Authority have power to reduce it below 60%? Is there any deduction available for investment in SIP mutual funds? Does an NRI require to show income that is earned in foreign country and not taxable CA Rekha They are not exempt unless specifically exempted under the Act. Commonwealth games were specifically exempted in my view If the income is assessed u/s 68 or 69, etc. Only then s. 115BBE comes into play ad tax @ 77.25%. If assessed under these sections and s. 115BBE comes into play, AO has no power to reduce the tax rates No, unless it is specifically as per ELSS allowed u/s 80C. It is not mandatory to disclose this income.

CA. Pramod 5.5 CA Rupesh in india in its ITR? If yes under which section and which column of ITR? "A" has given some contract work to "B". Now "A" takes some service directly from "C", which is part of the original contract with the consent of "B". "C" raises the GST bill in the name of "A", and "A" makes the payment to "C".Now "A" raises a debit note including GST to "B", and "B" debited the amount to the expenses account in his books. Who will be liable to deduct TDS, whether "A" will deduct TDS of "C" and whether "B" will also have to deduct TDS of "A"? Kindly explain. On overall bill "A" will deduct the TDS of "B". Vivek Dhamankar A will deduct the TDS of C B wont deduct tds of A A will deduct tds of B except C amount. 5.6 CA Rupesh Assessee buys two properties from same person value of which are 40 lakhs and 30 lakhs respectively. Whether TDS U/s 194IA is applicable. Since both are two different transactions, and i suppose you have different sale deeds as well. then TDS not applicable but if single sale deed than its applicable 5.7 CA Manish Whether ICDS are applicable on CA firm maintaining books of accounts on cash basis 5.8 CS Anu If a company is converted into LLP and conditions of Section 47 (xiiib) are not met and it is accordingly deemed as transfer. How should one proceed with taxation? ICDS is not applicable for entity maintaining books on Cash Basis It depends at what value the company is transferred, included deemed value u/s 50C or other similar provisions if any. Also shareholder getting reserves portion in excess of their actual cost, would be capital gains in their hands

CA. Pramod 5.9 CA Himansu Das 5.10 CA Darshan Galhotra 5.11 CA Deepak Malhotra Whether pension paid by bank on behalf of government and TDS deducted shall be disclosed in Tax Audit clause 34A for TDS My client running a petrol pump. IOC charging a huge amount of LFR and also charging GST. Whether we have to deduct TDS if yes then what rate. A had purchased steam coal throughout the year and there is a liability to pay Rs.400 per tonne as cess on steam coal and it is steel manufacturing unit. Now cess stands at 25 Lakhs in books and also in GSTR Portal. Now as we know that cess can be adjusted against cess liability so he wants to claim Rs 25 lakhs as expenditure in profit and loss rather than Advances in Balance sheet for FY 2017-18 and would reject the credit of cess in GSTR 2 as and when allowed by govt on GSTR Portal. I want to know if there is any issue. Yes, it has to be disclosed. What I understand is that The Government charges the oil distribution companies License fee, which they recover from the petrol pump dealers. On petrol, Excise and VAT would be charged and on License fee.. GST. All these seem to be part of cost of petrol product they purchase. If my understanding is correct, then no TDS would be applicable. Unclaimed indirect taxes are allowed as deduction under income tax provided it is paid on or before the due date of return of income. Any unpaid indirect taxes will be allowed as deduction in the year in which it is actually paid (Section 43B of the IT Act).

CA. Pramod 5.12 CA Sudhir 5.13 CA Rajesh 5.14 CA Gaurav Garg 5.15 CA Pravesh Turnover of client in FY 2017-18 is Rs1.50 crore, but he is opting to pay tax u/s 44AD. My query is whether he is liable to deduct tds u/s 194C as his turnover exceeds Rs1 crore as provided in clause (a) of section 44AB but provisions of section 44AB are not applicable to him due to his opting to pay tax u/s 44AD. Assessee received the prosecution notice u/s 276CC for not declaring the income and not filing the return. Now assessee request for condonation of delay under section 119(2)(b). I want to ask when we file the return under section 119(2)(b) can the interest liability on delay filing of income tax return can be waive off. If it can be waive off who has the power to waive off that liability whether commissioner or Assessing Officer. Company shifted office from Noida to Delhi. Should it apply for amendment in old TAN or surrender old TAN and apply afresh in Delhi. Is there any restriction on appointment of the wife or father of the directors in Private Limited Co. under Companies Act or Income Tax Act? CA Prakhar Bansal Yes, he is liable to deduct tax u/s 194C as his turnover in preceding year exceeded Rs. 1 Cr. Applicability of s. 44AD in this case has no relevance. Section 119(2)(a) read with Notification No.400/29/2002-IT (B), dated 26.06.2006 provides conditions and mechanism for getting the relief of interest waiver. If those conditions are satisfied, relief may be granted. You should amend the existing TAN There is no restriction as to appointment of any relative of director as the Director or Employee of the company. Though there are disclosure requirements in both Companies Act as well as Income Tax Act for transactions with or payment made to relatives of the director.

CA. Pramod 5.16 CA Megha Kalra 5.17 CA Rakesh Gupta 5.18 CA Sanjay Sec 115BA prescribes certain conditions that it is applicable to manufacturing concerns only. Moreover, to opt for this section, option need to be exercised by the assesse before filing of ITR. What will be the position beyond that? If deduction on bank loan interest and principal u/s 24 and 80-c available for purchase of land, if construction starts after 3 years, or accumulated interest be deductible in 05 years after construction starts? Company is selling entire one plant with all of its P&M, Land and Building and other assets. What will be tax treatment of under Income Tax and GST Laws. If the conditions u/s 115BA are not satisfied or this option is not exercised by the Assessee, corporate tax rate will continue to be 30%. For new trading companies/ service sector companies, tax rate will be 30%. 80 C allows deduction on repayment of housing loan but for that there should be a house property in existence hence till house property is not in existence 80C will not be available. 24 provides for two part, one interest accrued up to construction or possession, which should be capitalized and spread over 5 years after construction or possession another part after construction or possession, you can claim deduction on regular basis. As far as the transfer does not constitute to be a fit case for slump sale u/s 50B (which deals with transfer of entire unit/ undertaking), there will be a capital gain or capital loss on transfer of each block of assets.