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suresh s. tejwani
09 August 2022 at 12:34

Regarding to 3CB-3CD reporting

Whether Clause 44 is Mandatory in Form 3CD for A.Y. 2022-23?


shweta shukla

A company was incorporated  in May 21. Post that, Due to conflicts between the directors the company, all of 3 directors refused to pay any amount. 

Further,

No Current account is opened

No Commencement  of Business was filed 

1 director had resigned in December 21 and another in July 22. 

What can be done in such case?? 


N.C.Rukmini

One of our Executives from Telangana State went on a business trip to Andhra Pradesh State and stayed in a hotel. Hotel people gave a bill for room rent on our Telangana State GSTN, charging CGST & SGST as place of supply of Service is in Andhra Pradesh State. Please confirm whether this transaction is correct or not and also confirm is this input is eligible input to take the credit??


sumitha
09 August 2022 at 10:56

Relief u/s.90/90A

A friend of mine, having onsite salary ,filed his original ITR-1 on 31.7.2019. wrongly claimed the relief under DTAA against S.89(1). later filed the revised return on 9.1.2020 claiming relief u/s.90/90A in ITR2. The IT dept. has refused to grant the relief stating the original return was filed on 9.1.2020 (ie. after the due date). They have raised a demand against that onsite income for which tax has been paid in that foreign country.
The issue relates to the financial year 2018-19.AY 2019-20.
Can anyone advice on what to do?


sandeep maramreddy

Hi, warm Morning.

What is the GST rate for entity that helps its Out Patients to claim Reimbursement of their Bills from their Health Insurance Companies.


DHARAM PAL

Sir
I have paid ITC on purchase on one Air Condition and one M/W oven for use of shop and one Air Condition and Refrigerator for use of House . The seller issued bill in the name of my Firm ( Shop). Please advise how should I claim full input ITC(Personnel use + office Use) in GST 3B return of GST on purchase of above Items.
Dharam Pal
9810600330




VIPIN GUPTA
09 August 2022 at 08:27

Tax audit for charitable Society

One of our client is running a gaushala and is registered under Sec 12A and 80G there receipts are approx 1.5 crores I want to ask do they have to go for tax audit if they show there profit below 8 %. Or they are governed by sec 11,12 and 13 and not liable to tax audit


Amit Kumar Singh

Namastey sir,

M/s. Suarj Vidyut (JV) is a Joint Venture in the form of AOP.

A new Partnership named M/S. Suraj Vidyut was created with two additional partners .New PAN and GSTIN also taken. There is a clause in partnership deed that Join venture will get converted into a Partnership firm w.e.f.- 01.04.2021.

Above said Joint venture has paid taxability of Rs. 3 Crores on Advance of Rs. 25 Crores.

Partnership firm has issued a Tax Invoice.

Question: (A) Whether Partnership Firm can get transferred Un-Utilized Input Tax Credit (ITC) from Joint Venture through ITC-02.

(B) Whether partnership firm can adjust liability of outward taxability in GSTR-1 with tax paid on advance amount received in Suraj Vidyut (JV).

Pls suggest any other alternative way to cater this issue.

Waiting for your valuable reply.

Thanking you ,
Yours truly,
Amit singh
9163204190


Narender kumar

Sir I have one question that TDS applicable on container corporation of india if yes then which section apply


Adv. Ravish Bhatt, ADIT, CIOT
08 August 2022 at 16:44

Barter Transactions

Dear Professional Colleagues,

I am initiating this query for general discussion only.

I have been pondering over how and under what provisions of Income Tax Act, 1961, a barter transaction will be taxable?

I am conscious that:-

1. CGST Act specially covers in definition of supply-supply by way of barter.

2. That income Tax Acc s.2(24) covers value of benefits or perquisites received from a company by a director etc. within definition of income.

3. s.28(va) of Income Tax Act covers within definition of income under the head " Profits and gains of business and profession"- any sum, in cash or kind, under a agreement for not carrying out any activity in relation to any business or profession for not sharing any knowhow, patent etc. likely to assist in the manufacture or processing of goods or provision for services.

4. s.45(1A) makes profits or gains arising from receipt of money or other asset chargeable under the head "Capital Gains"


5. There are other similar provisions under ITA, 1961 covering different specific situations involving barter transactions.

6. I am aware that s.194 and different parts thereof require tax payment even for consideration given in kind.


However, excepting specified situations and not going by s.194 or any parts thereof, what will be the tax implication for a barter transaction?








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