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Archive: 30 January 2014

Posts in 30 January 2014

Free Live Webinar: Dematerialization of Securities and Recent Amendments

July 2, 2024 1653 Views 0 comment Print

Join our free webinar on July 4th at 4:00 PM to gain insights into the dematerialization of securities and recent amendments. Register now for key updates.

Free Webinar: Analysis of 10 Recent Income Tax Judgments in Favour of Assessee

July 1, 2024 3648 Views 0 comment Print

Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.

Coercive steps for recovery cannot be initiated till time to prefer an appeal exhausts

January 30, 2014 1206 Views 0 comment Print

It is not in dispute that the original authority passed the assessment order on 30.12.2013, as against which, further appeal lies to the Income Tax Appellate Tribunal under Section 253 of the Act and the time for moving the Tribunal is 60 days from the date of receipt of a copy of the order.

Mere execution of development agreement not amounts to transfer

January 30, 2014 1406 Views 0 comment Print

The Commissioner of Income Tax (Appeals) so also the learned Tribunal upon perusal of the agreement in question found that the possession as contemplated in Section 53A of the Transfer of Property Act was in fact not handed over by the assessee to the developer.

List of Special Resolutions under the Companies Act, 2013

January 30, 2014 17790 Views 0 comment Print

CS Akhilesh Kumar Jha Sl. No Sections Details Effective 1 5 Alteration of Article of Association for mentioning the Provisions of “Entrenchment”, in case of private company all members must be agreed for such amendment and in case of Public Company, the special resolution is just required. Not effective 2 12 Change of Registered office […]

S. 14A Recording of satisfaction is pre-requisite for invoking rule 8D

January 30, 2014 2455 Views 0 comment Print

In this case, assessee has earned by way of dividends a sum of Rs.5,45,58,685/-, which is exempt u/s 10(38) of the Act and thus the same does not form part of the total income under the Act. In the computation of income, assessee having regard to section 14A of the Act

Change in Definition of governmental authority in Mega Exemption Notification

January 30, 2014 15446 Views 3 comments Print

Notification No. 02/2014-Service Tax G.S.R….(E).­­- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.25/2012-Service Tax

Deduction U/s. 80-IB(10) available on additional income offered u/s 132(4) in return filed u/s 153A

January 30, 2014 3183 Views 0 comment Print

The appellant is a partnership firm engaged in construction business which was subject to a search action u/s 132(1) of the Act on 06.10.2009. In the course of search, Shri Rajesh Malpani, partner of the assessee firm in a statement recorded u/s 132(4) of the Act on 03.12.2009

All Industry Rates of Duty Drawback, effective 21.9.2013 – Reg.

January 30, 2014 829 Views 0 comment Print

The Ministry had received representations from Export Promotion Councils, Trade Associations, individual segments of industry, as well as feedback from field formations and other Departments, after the All Industry Rates (AIR) of Duty Drawback effective 21.9.2013 were notified vide Notification No. 98/2013-Cus. (N.T.) dated 14.09.2013.

Commodities Transaction Tax – All you want to know

January 30, 2014 9081 Views 0 comment Print

Commodities Transaction Tax 1 Commodities Transaction Tax (CTT) has been introduced vide Chapter VII of the Act and has come into force from 1st July, 2013 as notified vide Notification S.O. 1768(E) dated 19th June, 2013. The CTT Rules, 2013 have been notified vide Notification S.O. 1769 (E) dated 19th June, 2013. CTT is levied […]

Section 179 – Clarification of the phrase “tax due” for the purposes of recovery

January 30, 2014 6207 Views 0 comment Print

Section 179 of the Income-tax Act provides that where the tax due from a private company cannot be recovered from such company, then the director (who was the director of such company during the previous year to which non-recovery relates) shall be jointly and severally liable for payment of such tax unless he proves that the non-recovery of tax cannot be attributed to any gross neglect, misfeasance or breach of duty on his part.

Share application money cannot be construed as loan or deposit for section 269SS

January 30, 2014 1684 Views 0 comment Print

The Assessing Authority having noticed that the assessee-company had accepted share application money in cash from its directors in violation of provisions of section 269SS, imposed penalty under section 271D and Commissioner (Appeals) upheld penalty order.

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