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Archive: September, 2014

Posts in September, 2014

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

September 10, 2014 1399 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 9734 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 958 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 1535 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 9203 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 1319 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)]

Traces enables Online Correction functionality with enhanced features without Digital Signature

September 10, 2014 3466 Views 0 comment Print

Attention Deductors: The Online Correction functionality with enhanced features has been enabled “without Digital Signature” for Financial Year 2012-13 onwards. Digital Signature will be required only for PAN Corrections Tag/Replace Challan has been enabled on TRACES Details of manual and processed demands based on financial year are now available through a link on TRACES deductor […]

Section 69- Addition for cash deposited in bank after long period of withdrawal not justified

September 10, 2014 14288 Views 0 comment Print

AO, in his remand report could not bring out any fact that the cash withdrawn from Saving Bank Account and partnership overdraft account was used for other purpose anywhere else then, merely because there was a time gap between withdrawal of cash and its further deposit to the bank account, the amount can not be treated as income from undisclosed sources u/s 69 of the Act in the hands of the assessee.

Mere Change in Allotted flat without determining any consideration is not transfer

September 10, 2014 3149 Views 0 comment Print

Merely change in the flat without determining any consideration for the old flat cancelled and new flat transferred, it cannot be said that the old flat was sold and new flat was purchased on the date of change.

Table on Step for Incorporation Of Company Under Companies Act, 2013

September 10, 2014 6159 Views 0 comment Print

For Incorporation of Companies An application shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in Form No.INC.2 (for One Person Company) and Form no. INC.7 (other than One Person Company) along with the fee as provided in the Companies (Registration offices and fees) […]

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