Payment to sub-contractors for transportation of LPG cylinders would be subject to TDS under Sec. 194C

IT: Where assessee entered into a contract with IOC for carriage of LPG cylinders, in view of fact that assessee in turn got transportation of cylinders done through three parties by entering into sub-contracts with them, payments of freight charges made to sub-contractors were covered by section 194C(2) and, thus, assessee was required to deduct tax at source while making payments in question

IT : Provisions of section 40(a)(ia) are applicable not only to amount which are shown as outstanding on closing of relevant previous year, but to entire expenditure which became liable for payment at any point of time during year under consideration and which was also paid before closing of year

Amount paid at any time without deducting tax therefrom would be hit by Sec.40(a)(ia) disallowance

IT : Where assessee challenged disallowance made by Assessing Officer on account of non-deduction of tax at source while making payments to sub-contractors on ground that disallowance under section 40(a)(ia) could only be made in respect of sums remaining outstanding at end of year, following order passed by Gujarat High Court in case of CIT v. Sikandar Khan N. Tanvar [2013] 357 ITR 312/[2014] 220 Taxman 256/[2013] 33 taxmann.com 133 plea raised by assessee was to be rejected

IT : In order to determine admissibility of an expenditure under mercantile method of accounting, what is relevant is point of time when liability to pay sum accrues or arises and, therefore, as long as such a liability arises during relevant previous year, same has to be allowed as a deduction

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AO can’t decide issue of jurisdiction himself without referring matter to concerned DG, Chief CIT or CIT

IT : Where an assessee calls in question jurisdiction of Assessing Officer, then Assessing Officer shall, if not satisfied with correctness of claim, refer matter for determination under sub-section (2) of section 124 before assessment is made to Chief Commissioner or Director General and Commissioner; he cannot decide issue of jurisdiction himself

No liability of bank to withhold tax from cap gains remitted to a non-resident when it was merely acting as broker

Where assessee-bank was only acting as an authorized dealer to brokers of foreign residents in transferring funds in respect of share transactions, which resulted in gains, it was not liable to withhold tax under section 195.

CBDT extends due date for obtaining Tax Audit Report u/s 44AB upto 30-11-2014

In exercise of power conferred by section 119 of the Income-tax Act (‘the Act’), the Central Board of Direct Taxes (CBDT) hereby extends the due date for obtaining and furnishing of the report of audit under section 44AB of the Act for Assessment Year 2014-15 in case of assessees who are not required to furnish report under section 92E of the Act from 30th day of September, 2014 to 30th November, 2014.

It is further clarified that the tax audit report under section 44AB of the Act filed during the period from 1st April, 2014 to 24th July, 2014 in the pre-revised Forms shall be treated as valid tax audit report furnished under section 44AB of the Act.

Deduction on children’s education u/s. 80C & 80E

The cost of educating our children is rising consistently. It’s a matter of concern for all of us. One relief is the tax benefit provided for spending on children’s education. The Income Tax Act provides a direct deduction on account of fees paid for the education of dependent children. The act also provides for deduction on account of interest on loans taken for higher education of children.

Service Tax – Finance Act, 2014 makes Advertisements Costly

The Finance Bill, 2014 received assent from Hon’ble President on 6^th of August 2014. The main impact of this budget leads to make the advertisements costly. As per Section 66D(g) selling of space for advertisements in print media is only falls under NegativeList. The definition of “print media”as per Section 65B(39a) states as follows:

MCA displays list of companies not filed Form 5INV

MCA has started to display list of Companies who have not filed Form 5INV. Form 5 INV is required to be filed by the company/Corresponding New Bank which shall contain investor wise details of unclaimed and unpaid amounts in respect of dividends, debentures, deposits, etc. The details of unclaimed and unpaid amounts shall need to be provided as on the Annual General Meeting (AGM) date. This form is to be filed annually within 90 days from the date of AGM.

MCA is displaying the list of Companies not filed Form 5INV ROC wise and Consolidated. Link for the same is as follows :-

• Companies not filed Form 5INV,ROC Wise
• Companies not filed Form 5INV,Consolidated

IMP - Before the self-certifying documents, pl. write the purpose on it.

In ordinary course we keep issuing and submitting our KYC documents (identity and residential proofs..such as PAN card, electricity bill etc.) to various people. For housing or car or other loans, bank accounts,or even for buying new sim card we submit these documents. At almost all these places they ask for self certification on these documents. We immediately sign those documents and hand over. Just imagine your self certified copies are freely available in the hands of such persons & those documents can be used by him for EVERYTHING! Its really serious and its been seen that in most of the terrorist activities, KYC documents are sourced from the SIM card sellers. Hence, please inculcate a habit of writting the purpose for which you are submitting the self certified KYC Documents so that those documents cannot be used again. 

RECENT UPDATES IN DIRECT & INDIRECT TAXES AND IN OTHER AREAS OF PROFESSIONAL INTEREST

INCOME TAX

CIT Vs Vikas International 

Income Tax - Sections 28(iiib), 80HHC - export - gem stones - polished diamonds - Whether premium on the licences purchased by assessee from outside parties for sale or import, would be liable to be treated as cash assistance taxable u/s. 28(iiib) as against its export eligible to deduction us. 80HHC - Whether the said assistance would be taxable as income from other sources - Whether deduction u/s 80HHC could be claimed on export of cut and polished diamonds and gem stones. - Revenue's appeal dismissed : GUJARAT HIGH COURT