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Archive: 27 July 2014

Posts in 27 July 2014

No disallowance of lawful expense for mere non-compliance with Company law provisions

July 27, 2014 3268 Views 0 comment Print

Assessee entered into transactions of payment of job work charges to a related party, viz., M/s Razormed Inc. during the financial year relevant to assessment year under consideration without obtaining prior approval of the Central Government in accordance with the provisions of section 297 of the Companies Act, 1956.

Section 269SS/ 269T not applies to book entries not involving cash transactions

July 27, 2014 7983 Views 0 comment Print

In the instant case, the transaction in question, was not cash transaction. It was merely book entries. The CIT(A) has called Remand Record from the AO, who vide report dated 05.01.1999, confirmed that the transaction in question, by mentioning that no cash was involved.

Entering of agreement to sell amounts to Purchase U/s. 54 as it creates rights in favour of buyer – SC

July 27, 2014 5498 Views 0 comment Print

In the instant case, the following three dates are not in dispute. The residential house was transferred by the appellants and the sale deed had been registered on 24th September, 2004. The sale deed had been executed in pursuance of an agreement to sell which had been executed on 27th December, 2002

Employees contribution to PF allowable U/s. 43B if paid before IT return filing due date

July 27, 2014 24234 Views 0 comment Print

CIT v/s M/s Hindustan Organics Chemicals Ltd. (BOmbay High Court)- Supreme Court has expressly held that the amendments to section 43B that were brought about by the Finance Act, 2003 are retrospective in nature, we find that the ITAT was fully justified in deleting the addition of Rs.1,82,77,138/- on account of delayed payment of Provident Fund of employees’ contribution.

Availability of Cenvat Credit on Freight Outward Upto Place Of Removal

July 27, 2014 46315 Views 8 comments Print

Understanding the availability of CENVAT Credit on freight outward up to place of removal for manufacturers in India.

MCA issues clarification on transitional period for resolutions passed under the Companies Act, 1956

July 27, 2014 7353 Views 0 comment Print

Background One of the contentious issues while implementing corporate decisions is the validity of the resolutions passed under the provisions of the Companies Act, 1956 (“1956 Act”) post implementation of the provisions of the Companies Act, 2013 (“2013 Act”). First Phase of 98 sections of 2013 Act were notified on September 12, 2013. On February […]

Ministry’s Removal of Difficulties Order – More of a hindrance than a help

July 27, 2014 3757 Views 0 comment Print

The Ministry is leaving no stone unturned to leave matters pertaining to related party and transactions lucid. But is it so is the biggest question. On 24th July, 2014 MCA vide its Companies (Removal of Difficulties) Sixth Order, 2014 (Present Order) amended clause (iv) of Section 2(76) of Companies Act, 2013(Act, 2013). The Present Order is certain to create large amount of outcry among all the companies.

Issue of Shares by Private Limited Companies- Companies Act 2013

July 27, 2014 179942 Views 23 comments Print

As per section 23 of the Companies Act, 2013 a private company may issue securities- i. by way of rights issue or bonus issue or ii. through private placement -In case of private company either it can issue shares to its existing shareholders by way of rights issue or by way of giving them bonus shares or it can issue securities through private placements.

Loss on account of depreciation in value of shares held as stock is allowable

July 27, 2014 4161 Views 0 comment Print

Judgment of the Karnataka High Court in the case of Karnataka Bank Ltd. (supra), reliance on which was placed by Mr Mistry, squarely covers the issue raised in this Appeal. The facts in the case before the Karnataka High Court were that the Assessee was holding securities in different categories

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