corporate and professional update may 21, 2016

Professional Update For the Day:

DIRECT TAX:

Income Tax: Disallowance of profit in the sale of agriculture land – whether the transaction in property by assessee-company should not be treated as business activity – Held that – There is no enabling provision in the income-tax law prescribing that even if the assessee s income is exempt by a provision.

It can be forcibly brought into the tax net by assuming the assessee s activity to be an adventure in the nature of trade. – ( The ACIT, Circular, Alwar Versus M/s. Location u/s 41 – conversion of unsecured loan from the sister as a gift by book entry – in the earlier years, interest paid to sister was claimed as a deduction – whether remission/cessation of liability u/s 41(1) – Held that – There was no remission of liability u/s 41(1) of the Act because the gift was genuinely made by Smt. Kiranben Gandhi and accepted by the assessee out of natural love and affection and there was no business consideration  ( Shri Shailesh C. Modi Versus Income Tax Officer, Ward – 1 (1) (4), Surat)-  2016 (5) TMI 637 – ITAT AHMEDABAD. 

INDIRECT TAX :

VAT: Department of Trade & Taxes has extended the last date of filing of online/hard copy of fourth-quarter return for the year of 2015-16 in DVAT Form-16, DVAT Form-17, and DVAT Form 48 along with required Annexure /enclosures to 23/05/2016 vide Circular No. 5 of 2016-17 dated 16.05.2016.

However, the tax due shall continue to be paid in the usual manner as per the provisions section 3(4)  of the Delhi Value Added Tax Act, 2004.

VAT & CST: Department of Trade & Taxes has issued a Circular on Grant of registration under DVAT & CST vide circular No. 6 of 2016-17 dated 17.05.2016. The department of trade and taxes has developed a mobile application DVATMsewa to provide various services to the traders.

One of the services to be provided with this app is registration of dealers under DVAT Act,2004 and CST Act, 1956

Key dates :

Today (21.05.16) is the last date for e-payment of DVAT & CST for the month of April, 2016.

Issue of TDS Certificate in case of payment/credit made in April for purchase of property u/s 194Iain Form 16B: 22/05/2016

Issue of DVAT Certificate for deduction made in April: 22/05/2016

Payment of ESI of April: 21/05/2016

“No one gets a sudden rise, not even the sun. It takes time to rise to the peak of success. Just keep your efforts going and be positive.“ 

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