From our limited understanding of facts, it appears that the Karta who is responsible for managing the affairs of the HUF is in a state wherein he is incapable of contracting. The HUF can nominate another member as a Karta. The Hon’ble Supreme Court in the case of Union of India v. Sree Ram AIR… (read more)

Any change in the nature of business in GST will require an amendment application for the same. file the amendment application in the portal with the nature of business tab and choose the HSN & SAC Code for the same. (read more)

Yes, Form 15CB is under Rule 37BB of the Income tax Rules, 1962 (Rules), which deals with Furnishing of information for payment to a non-resident. There is no exemption for any transfer made to Indian Bank. Further the purpose of this Form is to ensure that the provisions of the Double Taxation Avoidance Agreement and… (read more)

Proviso to Section 56 (2)(x) of the Income-tax Act, 1961 (Act) specifies that the said clause shall not apply to any sum of money or property received from any relative. Further, explanation to the said proviso states that the expressions, “relative" shall have the same meanings as respectively assigned in the Explanation to section 56(2)(vii)… (read more)

In PCIT.v. S.R.Trust (2021) 123 taxmann.com 311 / 277 Taxmann.com 133 (Mad)(HC) following the ratio in CIT v. Sinhagad Technical Education Society (2017) 397 ITR 344/156 DTR 161/297 CTR 441/250 Taxman 225 (SC) court held that in absence of any incriminating documents or evidence discovered against assessee, during its search upon the third Party, jurisdiction… (read more)

One has to study the term of contract when a card is purchased and the bill issued by Indian Oil Corporation Ltd . The threshold limit would apply in case of every vendor separately . Vendor includes all its branches. Aggregate value of al goods purchased from single vendor should be considered for the purpose… (read more)

Section 24(b) refers, where the property has been acquired , constructed , repaired etc , interest can be claimed as deduction . On the facts the querist has not acquired the property it is acquired by mother hence the querist is not entitle to claim deduction u/s 24 (b) of the Act . (read more)

As per the explanatory notes to the Provisions of the Finance Act, 2016, where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five consecutive assessment years relevant to the previous year succeeding such previous year not in accordance… (read more)

It would be pertinent to gather a better understanding of the contract, the nature of services, location of services, expertise of the employees, nature of payment. Note : In PCIT v. Manugraph India (P) Ltd. (2019) 267 Taxman 437 (Bom.) (HC) , held that If the payment is in the nature of actual reimbursement, there… (read more)

In case the Assessing Officer relying on the statement of third party for making any addition and the Assessee has requested for cross examination it is the Duty of the Asseessing Officer to give an opportunity of cross examination . In Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & Ors AIR 2013 SC 58/ (2013)… (read more)