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Archive: 28 July 2014

Posts in 28 July 2014

Budget 2014 – Synopsis of Indirect Tax Proposals

July 28, 2014 2958 Views 0 comment Print

Amendment impacting Negative List: (Changes to be effective from enactment of Finance Bill)- Exemption of Service tax on Advertisement now restricted only to print media, all others areas, not covered earlier, now subjected to service tax. Print Media to include Books and News Paper as defined under Press and Registration Books Act, 1867 but does not include business directories, yellow pages and trade catalogues primarily meant for commercial purposes

Impact Analysis of Second Amendment to MGT Rules

July 28, 2014 2375 Views 0 comment Print

Shampita Das The Ministry of Corporate Affairs (MCA) came out with its latest Notification dated 24th July, 2014, being the second amendment to the Companies (Management and Administration) Rules, 2014 (‘MGT Rule’). Below we present in a tabular format the details of the change alongwith its impact and our analysis on the same. Change and […]

Mere Statement recorded during survey cannot be the sole basis for making addition

July 28, 2014 859 Views 0 comment Print

A survey proceedings was carried out in the middle of the accounting year (on 1.12.2006) in the case of AHS Joint Venture, the sister concerns of the assessee firm. During the course of survey there was no incriminating material nor undisclosed income found in the hands of the assessee

Reasoned orders and principle of fairness in administrative actions-a need of the hour

July 28, 2014 3389 Views 0 comment Print

It is the general tendency of the adminstrative authorities more so of the tax authorities to pass non-speaking orders or to pass orders in violation of principle of fairness and rules of natural justice, without giving any opportunity of being heard to the effected person. The authorities in many case pass orders in gross violation […]

Taxation of ‘Alternate Investment Funds’ having status of non-charitable trusts -Reg.

July 28, 2014 4859 Views 0 comment Print

Circular No. 13/2014-Income Tax The SEBI (Alterative Investment Funds) Regulations, 2012 (‘AIF Regulations’) vide Regulation No.4 issued in May 2012 aims at regulating all forms of private pool of funds in India. The said Regulations divide the Alternative Investment Funds (‘AIFs’) into three broad categories – Category-I, Category-II and Category-III Alternative Investment Funds, depending upon the operational strategies, objectives and fund structure. A large number of AIFs registered with SEBI have been set up in the form of non-charitable trusts.

Applicability & procedure of Service Tax under reverse charge

July 28, 2014 28765 Views 0 comment Print

1) Introduced in the Finance Act, 1994 under Service Tax Rules in 2002. 2) An explanation to Section 65(105) was added wherein concept of import of services was launched. 3) This explanation to Section 65(105) was removed in year 2006 and Section 66A was inserted. 4) Rule 2(1)(d) of the Service tax rules, 1994 prescribed the cases of deemed service providers.

Four Excise official imprisoned for 5 years in bribery case

July 28, 2014 1694 Views 0 comment Print

FIVE YEARS RIGOROUS IMPRISONMENT WITH FINE OF RS. 90,000/- EACH TO THEN SUPERINTENDENT AND THREE INSPECTORS, ALL OF CENTRAL EXCISE IN A BRIBERY CASE The Special Judge(West), Anti-Corruption, Lucknow(U.P) has convicted Shri R.K.Srivastava, then Superintendent and three Inspectors, S/Shri A.K.Gaba, Dushyant Kumar & Alok Gupta, all of Central Excise U/s 120-B r/w 7 and 13 […]

Costing Methods/Cost Management in Turkey-Series 1

July 28, 2014 3915 Views 0 comment Print

The Indian government under the UPA II has abolished the Cost Audit and Costing methods for various industries under ( Cost Record and Audit ) Rules -2014 . In my research I went in deep into the different countries, developed as well as emerging economies over the span of last 10 years I find the development/growth & […]

Agricultural receipts, duly shown in past & accepted by dept, cannot be added as cash credits

July 28, 2014 2420 Views 0 comment Print

The assessee is an individual. The return of income was filed on 29.7.2009 declaring an income of Rs. 36,04,069/- and agricultural income of Rs. 10,25,000/-. The assessment was taken up for scrutiny by issuance of notice u/s 143(2) of the Act.

Share Application Money – Primary burden is on AO to show that same is unexplained cash credit

July 28, 2014 2425 Views 0 comment Print

Even if the reopening is sustained, the primary burden that income has escaped assessment is on the shoulder of the assessing officer and after discharging this burden only, the onus shifts to the shoulder of the assessee.

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