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Archive: August, 2014

Posts in August, 2014

Disallowance U/s. 14A cannot exceed expenditure claimed as a deduction

August 23, 2014 5169 Views 0 comment Print

We find from the audit report that the expenses in respect of exempt income was shown at Rs. Nil,that the assessee had debited direct expenses on account of dematerialisation and STT in the capital account and in the profit and loss account,that AO had presumed that the assessee had must

Dividend Taxable if Company from whom it received has not paid dividend distribution tax

August 23, 2014 8858 Views 0 comment Print

Dividend is not exempt under Section 10(34) read with Section 115-O because the companies from whom the assessee received the dividend has not paid dividend distribution tax. His claim is that the dividend received by the assessee company is exempt on account of mutuality

Penalty cannot be levied merely because an amount is not allowed or taxed as income

August 23, 2014 24755 Views 0 comment Print

Hon’ble Supreme Court in the case of M/s Hindustan Steel Ltd. vs State of Orissa (1972) 83 ITR 26(SC) and decision of Hon’ble High Court of Delhi in Escorts Finance Ltd. (2009) 226 CTR (Del) 105 wherein it was held that where facts are clearly disclosed in the return

Reopening Reasons to believe must be based on new tangible materials

August 23, 2014 1757 Views 0 comment Print

The assessee argues that the expression reasons to believe under Section 147 refers to objective circumstances. In the present case, the assessment was completed under Section 143 (3) after notice was issued under Section 142 (1) was issued and explanation sought in respect of all relevant matters.

Procedure for Appointment Of Directors – Companies Act, 2013

August 22, 2014 669079 Views 43 comments Print

Directors of a company hold the most crucial position in the Company. With the new Companies Act, 2013 already in force, their position has become even more significant than ever before. They are now formally included within the definition of key managerial personnel or “KMP” under Section 2(51) of the New Act.

Procedure for Removal of Director Under Companies Act- 2013

August 22, 2014 106474 Views 6 comments Print

Shareholders can remove any director before the expiry of his tenure, except any director appointed by Tribunal for prevention of oppression and mismanagement u/s 242 and a director appointed under principle of proportional representation u/s 163.

Procedure for Resignation of Director of Company & Compliance

August 22, 2014 607091 Views 62 comments Print

DIRECTORS RESIGNATION UNDER COMPANIES ACT, 2013:-. 1. The Director intending to resign shall send notice in writing to the Company. The resignation of a director shall take effect from: The date on which the Notice Is Received by the company or The Date, If Any, Specified by The Director in the notice, whichever is later.

CBDT directs officials to Respect Taxpayer’s Time And not to Make Them Wait

August 22, 2014 1826 Views 0 comment Print

It has been brought to the notice of the Board that some of the officers are issuing notices to the taxpayers/witnesses/representatives etc. indicating a standard time of appointment. Thus, many persons called for hearing etc. on a day by an officer are given the same time for appearance. Naturally the persons are made to wait for their turn. Such actions, apart from causing avoidable inconvenience to the taxpayers/witnesses/representatives etc. cause great embarrassment to the Government.

Tax Audit Report – New Formats Should Be Deferred, Extension Is Not A Solution

August 22, 2014 8515 Views 0 comment Print

CA Sudhir Halakhandi The date of obtaining and furnishing of tax audit report u/s 44AB has been extended from 30th Sept. 2014 to 30th Nov. 2014 and while issuing the orders under section 119 the Central Board of Direct Taxes has created one more confusion which is related to the extension of date of ITR.

Govt instruct its staff to use paper judiciously – Is it Austerity Measures or Eco-friendly measures?

August 22, 2014 3177 Views 0 comment Print

Policy instructions/guidelines issued through Orders, OMs, etc. may be uploaded on the official website of the Ministry/Department/Organization. Number of hard copies of such communications may be limited to the required minimum.

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