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Archive: 02 September 2014

Posts in 02 September 2014

Income Tax Scrutiny Criteria- Financial Year 2014-15

September 2, 2014 48645 Views 8 comments Print

CBDT hereby lays down the following procedure and criteria for manual selection of returns/cases for scrutiny during the Financial-year 2014-2015:- a) Cases involving addition in an earlier assessment year in excess of Rs. 10 lakhs on a substantial and recurring question of law or fact which is confirmed in appeal or is pending before an appellate authority.

CBDT Forms Committee to approve any action proposed by AO to tax indirect transfer due to retrospective-amendment

September 2, 2014 2336 Views 0 comment Print

Vide the Finance Act, 2012, certain clarificatory amendments were introduced in clauses (14) and (47) of section 2, in clause (i) of sub-section (1) of section 9 and in section 195 of the Income-tax Act, with retrospective effect from 01.04.1962 in relation to transfer of assets. For the proper administration of these provisions of the Act, the Central Board of Direct Taxes (CBDT), in exercise of its power u/s 119 of the Act, hereby directs the following:-

What should be first, ITR or Tax Audit report? Lord Ganesha -Please Help!

September 2, 2014 33304 Views 0 comment Print

Karniti -Dear Vighnaharta .., what should be first…, Income tax return or Tax Audit report? Please remove the Vighna (Complications). Arjuna (Fictional Character): Krishna, the festival of Lord of Wisdom Shri Ganesha is being celebrated with Joy all over India, but the Income Tax payers under Tax audit are facing the obstacles in their Joy. As per Income Tax Departments recent circular, the due date of income tax return is 30th September 2014, but the extended due date of Tax Audit report filing is 30th November 2014. What mess is going on? Please explain in detail.

Service Tax – Relevance of General Clauses Act Vis. A. Vis British Calendar

September 2, 2014 2778 Views 0 comment Print

In the very recent decision vide 2014-TIOL-1635-CESTAT-MUM in the case The Ahmednagar Merchants Co-Op Bank Ltd vs. CCE the Hon’ble CESTAT, Mumbai has interpreted the relevance of definition of British Calender Month as per The General Clauses Act under service tax law. The brief facts of the case were as follows: Facts:“The lower appellate authority […]

Leased Assets qualify for Industrial Undertaking Purposes- holds Bombay HC

September 2, 2014 1378 Views 0 comment Print

Whether the film production companies are Industrial Undertaking for the purpose of Section 80IB of the Income Tax Act, 1961? Whether a film production company can be considered as Industrial Undertaking under the provision of Section 80 IB of the Income tax Act, when the plant or machinery of such company is not owned by the assessee and are hired by the assessee?

Whether all returns filed before filing Tax Audit Report are defective?

September 2, 2014 5500 Views 0 comment Print

As you are aware CBDT vide order no. F.No. 133/24/2014-TPL dt. 20.08.2014 issued order thereby exercising power conferred u/s 119 of the Income Tax Act for extending the due date for obtaining and furnishing of report of audit u/s 44AB of the Act for the Assessment Year 2014-15. In the absence of any reference to section 139 of the Act in that order, a vacuum was created which in turn leads to ambiguity and confusion among the assesses and professionals with respect to the due date for filing of return of income.

No penalty for mere reason that claims made under bonafide belief are found unsustainable in law

September 2, 2014 1624 Views 0 comment Print

The Gujarat Value Added Tax Tribunal in the case of Star Industries v/s The State of Gujarat (Second Appeal No. 347 of 2013 decided on 02.09.2014) has, in the context of penalty u/s 45(2)(c) of the Gujarat Sales Tax Act, 1969, held that where only under bonafide belief the appellant had failed to pay purchase tax u/s 15B on the transactions of branch transfer

Validity of reopening of assessment has to be determined on the basis of reasons for reopening

September 2, 2014 1715 Views 0 comment Print

In the present case, the submission of the assessee before the Tribunal, as recorded in paragraph 3 of the impugned order, is that the only reason which was given by the Assessing Officer for initiating reassessment proceedings was that the property was sold by the assessee for Rs.31 lacs

Avoid the Mistakes of Bull Market Rally

September 2, 2014 1376 Views 0 comment Print

Avoid costly mistakes during the bull market rally in the Indian equity markets. Learn from history and take preventive steps for a successful investment journey.

SEBI further amends ICDR Regulations

September 2, 2014 8985 Views 0 comment Print

SEBI has vide Notification No. LAD-NRO/GN/2014-15/06/1372 dated 25th August, 2014 issued Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Second Amendment) Regulations, 2014 (the Amendment) making few amendments in the conditions for IPO, Minimum offer to Public, allocation of net offer to public, pricing of equity shares and Schedule XI dealing with the Book Building process. Several portions have been made in line with SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 2011.

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