Tara Khandelwal

Is there any way can Income Tax Returns for A.Y.2016-17 and A.Y.2017-18 be filed now?


Prashant Balkrishna Thanekar
21 December 2018 at 13:21

Regarding invoice for the year 2017-18

We have filed GSTr 1 for the year 2017-18 monthly. But some invoices are taken in B2C. Now can we take those invoices in B2B in current month GSTR 1 as we have recd GSTR No.of those parties in current month


Shakthipro badge
21 December 2018 at 13:12

Tcs

DEAR EXPERTS

ASSESEE DOING BUSINESS THROUGH ECOMMERCE OPERATORS.
ECOM OPERATORS HAVE DEDUCTED THE TCS AND HAVE FILED THE RETURN.
NOW HOW CAN THE ASSESEE CLAIM THIS AS IT IS NOT REFLECTING IN GSTR 2A.
PLEASE HELP



Anonymous
21 December 2018 at 12:52

Intra-state branch trf

Dear Experts,
We have branch within the state. Pls clarify by which document we have to trf the goods from HO to BO also clarify how the eway bill will be generate.

Thanks
Rohit Kushwah



Anonymous
21 December 2018 at 12:11

Hiring of vehicle transportation of cement


We have hired vehicle for Transportation of Cement. The Owner having below 10 vehicle and PAN No is available.The transporters issue monthly bills for providing of vehicle.

In above case the TDS exemption is applicable or cover under hiring plant and machinery

From Dharmadhikari



Anonymous
21 December 2018 at 12:08

U/s 80 c exemption

Sir, if any grand father deposit insurance premium of his grand daughter who in miner then in this case claim exemption u/s 80C KINDLY EXPLAIN
Thanks



Anonymous

Treatment of corporate donations

As per the FCRA act, if a company falls under any of the below 3 category, they should be treated as foreign source

1) A foreign company as defined u/s 2(1) (g) of FCRA, 2010.
Definition of “Foreign Company” under section 2 (1) (g) of FCRA Act 2010 w.e.f 1st May 2011 :
“Foreign company” means any company or association or body of individuals incorporated outside India and includes (i) foreign company within the meaning of section 591of the Companies Act, 1956 (ii) a company which is a subsidiary of foreign company (iii) the registered office or principal place of business of a foreign company referred to in sub-clause (i) or company referred to in sub-clause(ii) (iv) a multi-national corporation
Explanation – for the purpose of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation –(a) has a subsidiary or a branch or a place of business in two or more countries or territories or (b) carries on business or otherwise operates in two or more countries or territories
OR
2) A foreign subsidiary as u/s 2 (87) of the Companies Act, 2013
Definition of subsidiary as defined under section 2(87) of the Companies Act.
(87) “subsidiary company” or “subsidiary”, in relation to any other company (that is to say the holding company), means a company in which the holding company— (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies:
Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.
Explanation.—For the purposes of this clause,—
(a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company’s Board of Directors shall be deemed to
be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression “company” includes any body corporate; (d) “layer” in relation to a holding company means its subsidiary or subsidiaries;
OR
3) A Multi-National Corporation as defined u/s 2(1) (g) (iv) FCRA 2010
Explanation – for the purpose of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation –(a) has a subsidiary or a branch or a place of business in two or more countries or territories or (b) carries on business or otherwise operates in two or more countries or territories

On the other hand,
As per amendment to Section 2 (1) (j) (vi) in the Finance Act 2016 (and subsequently Finance Act 2018) if a NGO received a donation or a grant from a company which was an Indian company registered under the Indian Companies Act, but, with more than fifty per cent share-holding by foreign investors, such a company was no more considered as “foreign source”.

Hence, the question is, whether the following companies i.e. Apple India Private Ltd, Franklin Templeton Asset Management India P.Ltd, Altico Capital India Pvt.Ltd and DSP Merrill Lynch Ltd fall under the category of Foreign Subsidiary? Or under the amended section2 (1) (j) (vi)


CA Kamlesh Mehra
20 December 2018 at 22:31

Tds on payment made to consortium partner

Hello guys,
I have a query regarding tds applicability. My company entered into a consortium with another infrastructure company for a EPC contract. We have been awarded the project.Our share is 74% and we are the lead partner. Both the consortium partner had to do their share of Work and share the profit accordingly.We again executed a contract with our consortium partner deciding all the work to be done by us and to give them a fixed amount. Now we made payment to them when received payment from our client. Is tds applicable on this payment transaction. And if yes then under which section? Please reply asap. Thanks in advance


sanjeev
20 December 2018 at 22:01

Itc

We purchased a material delivered 100% item .As per terms of PO 70% payment to be made on receipt of materal and balance 30% in subsequently 3 years. Wether we can claim Full ITC in First year on receipt.Supplier has raised 100% value of GST invoice



Anonymous
20 December 2018 at 21:41

Debit note

Dear Experts, Please solve my query which is like this. I had issued bill against sales later party returned few goods in return they issued debit note. Now i want to know that do i have to show amount of whole goods with GST in GSTR 3B or after deducting the value of returned goods of which Debit Note was issued?

Please kindly answer my query..
Thanks in advance..





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