Dear Sir,

I want to know how we shall book audit fee provision entry & provision some other expenses (like freight/ cartage which services taken in March'18 but invoice will be received in November and December 18) in our books for Financial year 2017-18 on 31-03-2018, as audit fees bill received after audit from our CA who is registered and will charge GST in bill.


Before GST we were book simple journal entry - Dr. Audit Fees & Cr. Audit Fees Payable and Freight expenses DR. , Expenses payable CR.

So,Please clear after GST what will be the entry in books on 31-3-18 for theses provisional expenses related to March 2018 but bills will be received in November and December 2018 from a registered GST service provider.

Please suggest Inputs Tax credit availed or not ?

HI

1. CAN A PVT LTD COMPANY ACT AS A PROPRIETOR?
2. IF NOT, THEN WHY NOT? IS THERE A SPECIFIC LIMITATION IN ANY PROVISION OF ANY ACT, FOR A COMPANY ACTING AS A PROPRIETOR?
3. IS THERE A LEGAL DEFINITION OF A PROPRIETOR IN INCOME TAX ACT,? IF SO, PLEASE ADVISE AS TO THE SECTION FOR THE SAME, OR WHAT IT SAYS.

MY CHAIN OF THOUGHT, A PVT LTD COMPANY IS AN ARTIFICIAL JURISDICAL PERSON, AND IS ABLE TO OWN AND HOLD PROPERTY IN ITS NAME, IS ABLE TO SUE AND BE SUED IN ITS NAME, THEN WHY NOT ACT AS A PROPRIETOR?

If a Builder received Advance money for Immovable property (lets say a Flat) in cash Rs.2,50,000 from a Prospected buyer in a day, which penalty will be levied ? 271D(for 269SS) or 271DA(269ST) or both???

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

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

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

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

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

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

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)