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..



Anonymous
20 December 2018 at 21:30

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..



Anonymous
20 December 2018 at 21:28

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..



Anonymous
20 December 2018 at 21:17

Gst on commission and hotel room fare

Dear Experts, I have a query to be cleared from you that we are running a hotel and we get bookings through OYO. After end of the month OYO send us report of details of whole month of room fare collection. In that report OYO is not charging GST with fare which has more than rs 1000 room fare rate. Whereas OYO is deducting GST on its Commission.
Do we have to deposit GST over Billing amount which has been more than rs 1000 or not? And also tell me that how can we take benefit of GST paid on commission?? The GST which OYO deducted on Commission is not reflecting our GST portal where and how can we see that?

Its my humble request to answer my queries..

Thanks in advance..



Anonymous
20 December 2018 at 21:15

Gst on commission and hotel room fare

Dear Experts, I have a query to be cleared from you that we are running a hotel and we get bookings through OYO. After end of the month OYO send us report of details of whole month of room fare collection. In that report OYO is not charging GST with fare which has more than rs 1000 room fare rate. Whereas OYO is deducting GST on its Commission.
Do we have to deposit GST over Billing amount which has been more than rs 1000 or not? And also tell me that how can we take benefit of GST paid on commission?? The GST which OYO deducted on Commission is not reflecting our GST portal where and how can we see that?

Its my humble request to answer my queries..

Thanks in advance..






CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query

Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details