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2017 (3) TMI 79 - ITAT PUNE Denial of exemption u/s.11 - Held that:- There is no dispute to the fact that the assessee is a charitable trust running various educational institutions. It is the allegation of the revenue that the trust is collecting capitation fee in the garb of donation and was therefore running with a profit motive. However, we find neither the Assessing Officer nor any of the persons who have stated before the department that they have given donation for getting admission has complained to the Government ... ... ...
Explanatory Notes to the Provisions of the Finance Act, 2016 The circular outlines the amendments introduced by the Finance Act, 2016, focusing on direct tax provisions. Key changes include the introduction of a new tax regime for offshore funds, exemption from Dividend Distribution Tax for certain distributions, and a special taxation regime for securitization trusts. The circular also details the rationalization of tax deduction at source provisions, incentives for start-ups, and modifications to the tax treatment of charitable institutions. Additionally, it addresses the implementation of a presumptive taxation scheme for professionals, adjustments to advance tax payment schedules, and the introduction of the Direct Tax Dispute Resolution Scheme, 2016, aimed at reducing litigation.
2016 (11) TMI 545 - Supreme Court (LB) Constitutional validity of levy of entry tax - power of the state legislature - Article 304(a) of the Constitution - non-obstante clause - Interpretation of word Free used in Article 301 - concept of compensatory tax - separation of power between the Legislature and judiciary on the ground that levy of taxes under Article 304(b) - distinction between a tax and a fee - HELD THAT:- The essential difference between a tax and a fee is that while a tax has no element of quid pro quo, a fee without th... ... ...
Goods and GST Bill passed The discussion on the Goods and Services Tax (GST) Bill highlights its passage in the Rajya Sabha on August 3, 2016, and the subsequent debates and updates regarding its implementation. The GST aims to create a unified tax system by subsuming various indirect taxes. Key issues include the determination of tax rates, with a proposed revenue-neutral rate of 15-15.5% and a standard rate of 17-18%. The GST Council, led by the central finance minister and state finance ministers, is tasked with finalizing these rates. The discourse also covers the challenges of increased compliance, the need for IT infrastructure, and the impact on different sectors. The rollout target was initially set for April 1, 2017, but was later adjusted to July 1, 2017, to allow for smoother transition and preparation.
2016 (2) TMI 1 - PUNJAB AND HARYANA HIGH COURT One Time Settlement Scheme - Notification dated 06.02.2009 whereby the One Time Settlement Scheme (for short, the 'OTS') for equity disinvestment in joint sectors/assisted sector companies, promoted by the respondent-Punjab State Industrial Development Corporation Ltd. (in short, the 'Corporation') and Punjab Agro Industries Corporation, has been amended challenged - Whether the State was permitted to alter the terms of the OTS on the ground that it being a public policy, could be modified? - He... ... ...
2015 (8) TMI 557 - ITAT PUNE Disallowance of software expenditure - revenue v/s capital expenditure - Held that:- In view of the ratio laid down by the Hon ble Bombay High Court in CIT Vs. Raychem RPG Ltd. (2011 (7) TMI 953 - Bombay High Court), where the expenditure has been incurred for facilitating the business and which does not form part of profit making apparatus, then the software expenditure is to be allowed as revenue expenditure. The assessee was the acquisition of software programmes which in turn, were utilized ... ... ...
2014 (1) TMI 204 - CESTAT MUMBAI (LB) Demand of service tax - Whether appellants, is liable to service tax on the services rendered to their members under 'club or association service' - Render of public service - Penalty u/s 76, 77 & 78 - Held that:- penalties are to be imposed under Sections 76, 77 and 78 of the Finance Act are elaborated in the Sections. Only in Section 78 certain clauses require intent to evade or willful suppression. None of these Sections stipulate contumacious conduct on the part of the appellants. In fact, s... ... ...
2013 (9) TMI 239 - ITAT BANGALORE TDS u/s 192 - TDS on LTA and Medical reimbursement - Exemption u/s 10(5) - fulfillment of conditions of section 17(2) - - Held that:- exemption in respect of medical expenditure and leave travel is considered after collecting and verifying the details and evidence furnished by the employees. Policies and controls are in force to ensure that the requirements of rule 2B are fulfilled. The details filed before the TDS officer explains the policies adopted to fulfill the requirements of rule 2B and ... ... ...
2013 (8) TMI 1106 - ITAT BANGALORE The Tribunal dismissed both appeals filed by the Revenue, upholding the CIT(A)'s decisions. It confirmed that the assessee was not in default for failing to deduct tax at source on medical reimbursements and meal vouchers (Sodexho coupons). The Tribunal emphasized that tax cannot be recovered from the employer for short deduction of tax at source if a bona fide estimate of taxable salary is made. The order was pronounced on 08.08.2013.
2014 (1) TMI 1428 - ITAT BANGALORE Demand u/s 201(1) of the Act - Leviability of Interest u/s 201(1A) of the Act - Liability to deduct TDS on medical allowance – Scope of definition of perquisites u/s 17(2)(v) of the Act – Held that:- Exemption in respect of medical expenditure and leave travel is considered after collecting and verifying the details and evidences furnished by the employees in this regard as per the policies and controls put in place to ensure that the requirement of Rule 2B are fulfilled - The details filed befo... ... ...
EXEMPTED SERVICES Section 93 of the Finance Act, 1994, empowers the Central Government to exempt certain services from service tax in the public interest. Notification 25/2012 and its amendments list services exempt from service tax, including services to the UN, healthcare, veterinary services, religious activities, legal services, and educational services. Exemptions also cover construction for government or charitable purposes, transport of certain goods, insurance schemes, and services by incubatees or non-profit entities. Additional notifications provide specific exemptions for diplomatic missions, exporters, and entities in Special Economic Zones, subject to conditions outlined in each notification.
2014 (2) TMI 230 - ITAT BANGALORE Liability for deducting TDS u/s 192 of the Act - Payment made to employees – Medical reimbursement, leave travel allowance and meal vouchers - Survey u/s 133A of the Act – Held that:- There is no substance in the plea of the DR - These are not the cases in which the assessment of perquisite in the hands of the employees is being made - the provisions for deducting tax at source are all machinery provisions - The obligation of the person making payment, in the context of these provisions, is only... ... ...
2013 (7) TMI 1027 - ITAT BANGALORE The Tribunal upheld the CIT (A)'s decision that the assessee was not in default for failing to deduct tax at source on Leave Travel Concession (LTC), Medical Reimbursement, and meal vouchers. It was found that the employer's tax deductions were appropriate, considering compliance with exemption conditions under the Income Tax Act. The demands and interest charges under section 201(1) and 201(1A) were canceled, emphasizing the employer's bona fide estimation of taxable salary and adherence to statutory provisions.
2013 (9) TMI 205 - ITAT BANGALORE Disallowance of LTA and medical reimbursement - TDS on LTA and medical reimbursement - Survey u/s.133A - Held that:- exemption in respect of medical expenditure and leave travel is considered after collecting and verifying the details and evidence furnished by the employees. Policies and controls are in force to ensure that the requirements of rule 2B are fulfilled. The details filed before the TDS officer explains the policies adopted to fulfill the requirements of rule 2B and the process adopt... ... ...
2012 (7) TMI 1093 - ITAT BANGALORE The Tribunal dismissed all appeals filed by the Revenue, upholding the CIT(A)'s decision that the assessee was not in default for failing to deduct tax on medical reimbursements up to Rs. 15,000, supported by bills. The Tribunal also found that the AO had made a bona fide estimate of taxable salary and complied with statutory obligations under section 192. The appeal for the assessment year 2009-10 on the order u/s 154 was also dismissed as it became infructuous.
Notes on clauses, Schedules, Memorandum The Direct Taxes Code, 2010, aims to consolidate and amend laws related to direct taxes in India. It outlines the framework for income tax liability, defining total income and residency criteria for individuals and companies. The Code specifies the scope of total income for residents and non-residents, establishes tax rates, and details income deemed to accrue in India. It includes provisions for tax deductions, exemptions, and the computation of various income types, such as employment, house property, and business income. The Code also addresses tax incentives, advance tax payments, penalties for non-compliance, and procedures for tax assessments, appeals, and dispute resolutions.
2010 (4) TMI 883 - ITAT MUMBAI TP adjustment - determining the arm s length price - MAM selection - expenses incurred by the assessee which were reimbursed by the associated concern to the assessee - whether mark up percentage over cost being 5 per cent is correct or not? - whether the comparable cases, as selected by TPO, were substantially similar to the assessee s function or not? HELD THAT:- SIRO Clinpharm Pvt. Ltd. was engaged in conducting clinical trial services. It was an organization which was mainly doing the clinic... ... ...
Finance Act, 2003 - Explanatory Notes on provisions relating to Direct Taxes The Finance Act, 2003, effective from April 1, 2004, introduced significant amendments to various tax laws, including the Income-tax Act, Wealth-tax Act, Gift-tax Act, and Expenditure Tax Act. Key changes include revised tax rates for the 2003-04 assessment year, new sections for tax holidays and deductions, and exemptions for specific incomes. The Act also rationalized definitions related to income, residency, and business connections, and clarified provisions for deductions and exemptions, including those related to insurance policies, capital gains, and special economic zones. Additionally, it abolished expenditure tax and introduced measures for electronic filing and improved tax compliance.
Instructions for deduction of tax at source from salaries during the financial year 2000-2001 Circular No. 798 outlines the tax deduction at source (TDS) procedures for salaries during the financial year 2000-2001, as per the Income-tax Act, 1961. It specifies tax rates based on income brackets, applicable surcharges, and conditions for deductions and exemptions under various sections, including sections 192, 10, 16, 80, and others. The document details the responsibilities of employers in deducting and depositing TDS, issuing TDS certificates, and filing returns. It also addresses provisions for special cases such as multiple employers, non-residents, and pensioners. Compliance with these instructions is mandatory for employers and disbursing officers.
1998 (12) TMI 605 - HOUSE OF LORDS The House of Lords allowed the appeal, affirming that the maintenance trustees directly supplied services, with maintenance contributions serving as consideration. Holding funds on trust did not impact VAT liability. The court rejected arguments regarding exemptions under the Value Added Tax Act, concluding they were inapplicable to the case.
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