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Archive: 02 August 2014

Posts in 02 August 2014

Mid-year Changes in Tax Audit Report / Form 3CD Undesirable

August 2, 2014 9022 Views 0 comment Print

There is no dispute about the right of our lawmakers (here the CBDT) to draft these formats and ask the information which in their opinion is required for the task in hand but the timing of introduction of these changes is not only crucial and sudden but irritating also.

PSF, PFY and Tow- Ache din aa gaye hai

August 2, 2014 4082 Views 0 comment Print

Earlier there was dispute on duty liability and classification of Polyester Staple Fiber (PSF) and Polyester Filament Yarn (PFY) manufactured from plastic waste or scrap or plastic waste including waste polyethylene terephthalate (PET) bottles.

ITAT deletes Addition for unexplained cash credit in the form of Share Capital & Share Premium

August 2, 2014 1848 Views 0 comment Print

In the case of the assessee, summons issued by the Assessing Officer to the shareholder companies were duly served upon them and the shareholder companies responded to the Assessing Officer by affirming the investment made

For imposition of Penalty U/s. 271(1)(c) in Assessment U/s. 153A, original return of income filed u/s 139 cannot be considered

August 2, 2014 2535 Views 0 comment Print

Tribunal has come to the conclusion that for the purpose of imposition of penalty u/s 271(1)(c) as a result of search assessments made u /s 153A, original return of income filed u/s 139 cannot be considered. It was held that concealment of income has to be seen with reference to additional income brought to tax over and above the income returned by the assesee in response to notice issued u/s 153A

​​Need for Shedding the ‘GAAR’ Weight

August 2, 2014 2393 Views 0 comment Print

At present, the General Anti-Avoidance Regulations (GAAR) in India are set to kick in effective April 1, 2015. The Budget 2014 which was expected to recast and defer GAAR has remained silent. However, the subsequent announcement by the Finance Minister to revisit GAAR provisions in its current form and the effective date of its implementation […]

Cost Management & Costing methods…Kenya 2030 Series 3

August 2, 2014 2648 Views 0 comment Print

I don’t how much my last two articles have been eye open for the Indian government and for my cost accounting friends about the practices of the Costing Methods and Cost Management across the globe. Well in continuation to my previous series https://taxguru.in/chartered-accountant/costing-methodscost-management-automobileseries-2.html   today I will the story of an economy named Kenya. Well my […]

Grossing up of Dividend for distribution tax

August 2, 2014 71930 Views 0 comment Print

Grossing up of Dividend for distribution tax –  increase in effective Dividend Distribution tax rate of 3.47% The Finance (No.2) Bill, 2014 proposes to levy dividend distribution tax by grossing up the dividend payable for the purpose of computing liability towards dividend distribution tax. As per the existing provision of Section 115-O dividend distribution tax […]

Textile Machinery Corporation vs The Commissioner Of Income-Tax -Supreme Court of India

August 2, 2014 3198 Views 0 comment Print

Section 15C of the Indian Income-tax Act 1922, which deals with exemption from tax of newly established industrial undertakings, provides in sub-s. 2(i) that the section applies, among others, to any industrial undertaking which is not formed by the splitting up, or the reconstruction of business already in existence.

MCA advertisement for awareness of general public who invest in Deposit Scheme of Companies- A Welcome measure

August 2, 2014 2435 Views 0 comment Print

Recently, MCA came out with an advertisement in national dailies apprising the investors of the new regulations which the Companies should follow while inviting deposits from general public. 

Production of cinematograph film amounts to manufacture by industrial undertaking

August 2, 2014 4570 Views 0 comment Print

If the production of cinematograph film amounts to manufacture of an article or goods within the meaning of section 104(4)(a) as it then stood, it follows that the said activity must be treated as an industrial undertaking within the purview of section 80J of the Income-tax Act, 1961. Apart from the circular, we are satisfied that, even on a common sense view, “film production” will have to be considered as a manufacturing activity and the undertaking will have to be considered as an industrial undertaking.

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