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Archive: 10 September 2014

Posts in 10 September 2014

Free Webinar: Analysis of 10 Recent Income Tax Judgments in Favour of Assessee

July 1, 2024 1593 Views 0 comment Print

Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.

Sec 2(29BA) Process of drawing wire of thinner gauge from thicker gauge would amount to manufacture

September 10, 2014 2629 Views 0 comment Print

Himachal Pradesh High Court in the case of CIT vs. Pawan Agarwal and others that the activity of drawing wires of thinner gauges from wires and rods of thicker gauges amount to manufacture as the paper insulated wires

Taxation Law (s) – ‘INTENT ‘ vs Explicitness

September 10, 2014 1303 Views 0 comment Print

V Swaminathan B.Sc. B.L., FCA Recently Member (Income Tax), CBDT Ms. Anita Kapur has commented that government should Draft Tax Laws That Promote Intent Rather Than Litigation. Some of the suggestions, unlike/except the ones such as found a mention in the concluding para of the write-up seemingly well-balanced, are prima facie lop- (one-) sided; leaning […]

Interview with Tax Audit Report Petitioners

September 10, 2014 11629 Views 0 comment Print

CA Suhdir Halakhandi – The Mid-year introduction of New formats of Tax audit reports and further extension of date of Tax audit report without extending the date of filing of return has created a lot of controversy and in this respect two writ petitions have been filed in Hon. Delhi high court and Hon. Gujarat High Court by CA Mahesh Kumar and CA Rajni Shah respectively and both are coming up for hearing on 15th Sept 2014.

Transfers / Postings Of Assistant/ Deputy Commissioners of Income-tax – Order No. 154 of 2014

September 10, 2014 4944 Views 0 comment Print

ORDER NO. 154 OF 2014 The following officers in the grade of Assistant / Deputy Commissioner of Income Tax are, hereby, transferred and posted as indicated against names of each of them with immediate effect and until further orders:

Amalgamated Company can avail Cenvat Credit lying in the books of Amalgamating Company

September 10, 2014 1015 Views 0 comment Print

Amalgamated Company would be eligible to avail the Cenvat Credit lying in the books of Amalgamating Company when all the facts were intimated to the Department, even though it isn’t in the prescribed form IPF Vikram India Ltd. Vs. Commissioner of Central Excise, Ludhiana [(2014) 47 taxmann.com 362 (New Delhi – CESTAT)]

Purchases cannot be treated as bogus for none traceability of suppliers

September 10, 2014 9377 Views 0 comment Print

The question pertains to the purchases made by the assessee-respondent. On account of unverifiable purchases, the Assessing Officer made additions to the tune of Rs. 1.27 crores. He was of the opinion that none of the parties could be located and therefore, such purchases were held to be bogus.

Recovery proceedings against assets of another unit of Group Companies is not permissible in absence of evidence that entire import was at instance of Group Companies

September 10, 2014 727 Views 0 comment Print

The high court held that there was no evidence on record to show that the entire import was made at the instance of the group companies. Therefore, the petitioner cannot be barred from transferring the rights in property unless the revenue provides sufficient evidence that the entire import was at the instance of the group companies and the petitioner was involved in it.

MCA issues Order for removal of difficulties related to appointment of auditors in Partly Government Companies

September 10, 2014 1184 Views 0 comment Print

MCA issues Seventh Order for removal of difficulties which relates to appointment of auditors in Partly Government Companies The Ministry of Corporate Affairs has come out with the Companies (Removal of Difficulties) Seventh Order, 2014 dated September 4, 2014 in order to remove difficulties relating to appointment of auditors in partly Government Companies.

CA held guilty of professional misconduct for filing bogus form with ROC

September 10, 2014 8762 Views 0 comment Print

that the Economic Offences Wing of the Delhi Police, on the complaint of the complainant company had found that Sh. Sanjay Daksha, Sh. Sofi-ur­rehman, Sh. Binod Rajhans did not figure in the complainant company records before 8th March, 2004

Once the adjudication order to pay duty is set aside, sums paid in pursuance of the said order, would be automatically refundable

September 10, 2014 1067 Views 0 comment Print

The Hon’ble High Court held that once order to pay duty was set aside, the refund is automatic. Refusal of refund on the basis that the exigibility of tax is yet to be adjudicated was not a valid reason. Commissioner of Central Excise, Bangalore-III Vs. Multiplex Fertilizers (P.) Ltd. [(2014) 47 taxmann.com 359 (High Court of Karnataka)]

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