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Archive: October, 2014

Posts in October, 2014

Cenvat credit need not required to be reversed on capital goods which were imported and subsequently re-exported

October 13, 2014 3381 Views 0 comment Print

Glass and Ceramic Decorators, (Appellant) imported Glass Printing Machine (capital goods) during the year 2003-04 and availed Cenvat credit on the same of Rs. 23,33,282/- in two consecutive financial years i.e. 2003-04 and 2004-05.

Communication of Appellate Authority’s order to Commissioner would amount to communication to Adjudicating Authority

October 13, 2014 1535 Views 1 comment Print

Afcons Infrastructure Limited (Appellant) preferred an appeal against the order of the Commissioner of Central Excise Delhi-I, to the Hon’ble CESTAT, New Delhi and in accordance of the direction of the Hon’ble CESTAT, the Appellant made a pre-deposit of Rs. 55 lakhs.

No Penalty on claim of Provision for Doubtful Debts

October 13, 2014 8080 Views 0 comment Print

In this case the Assessee was a Public Sector undertaking and had omitted to add back Provision for Bad and Doubtful Debts. During the Assessment the mistake was noticed and the claim was conceded and disallowance of provision was made.

Impact of Companies Act- 2013 & Rules on Private Placement of shares – Section- 42

October 13, 2014 68493 Views 18 comments Print

 PRIVATE PLACEMENT SHARES, Section – 42 read with rule 14(1) of Companies (Prospectus and Allotment of Securities) Rules, 2014 Any business cannot run without funds. In case of an incorporated company, initial capital always comes from subscribers to the memorandum. After that company can raise funds by Loans/borrowings or issue of securities. Hereafter I will […]

Periodical Works under Companies Act, 2013

October 13, 2014 8987 Views 0 comment Print

The following are few instances that require a filing of a return with the Registrar of Companies. Events that requires filling of Returns: I. ALLOTMENT OF SHARES: Companies Act- 2013 provides 2 (two) way of Allotment of Shares. i. Allotment through Right Issue of Shares (As per Section-62): Form required to be file for Right […]

Excise Audits have adequate Statutory Backing

October 13, 2014 3690 Views 0 comment Print

Audit by officers of Central Excise have adequate statutory backing (CBEC Circular NO.986/10/2014-CX., Dated: October 9, 2014) – An Analysis         INTRODUCTION: Recently, the CBEC has come out with a circular bearing No.986/10/2014-CX, Dated October 9, 2014 to clarifying on powers of Central Excise Officers to conduct audit. CBEC Clarifies that the Travelite (India) case [TS-310-HC-2014(DEL)-ST], […]

Clause 49 of Listing Agreement On Corporate Governance

October 12, 2014 56542 Views 0 comment Print

SEBI has made Amendments to Clause 49 of the Equity Listing Agreement pertaining to corporate governance vide circular dated April 17, 2014. This master circular will Supersede All Other Earlier Circulars issued by SEBI on Clauses 35B and 49 of the Equity Listing Agreement. The main object to review the provisions of the Listing Agreement […]

Tribunal can’t order pre-deposit of both duty as well as penalty at a time

October 12, 2014 778 Views 0 comment Print

Spandana Spoorthy Financial Ltd. (Petitioner) filed a writ petition against the order of the Hon’ble CESTAT, Hyderabad, dated July 10, 2013 by which the Hon’ble Tribunal has directed the Petitioner to make pre-deposit of the basic tax component as well as 50% of the penalty

Impact of Companies Act- 2013 & Rules on Statutory Auditors – Section- 139

October 12, 2014 62330 Views 0 comment Print

PROCESS OF APPOINTMENT OF AUDITOR STEP 1. INTIMATION FOR APPOINTMENT BY COMPANY TO AUDITOR. Date of Such Intimation will be before the Date of Board Meeting in which Notice of AGM will be issue. STEP 2. CONSENT & CERTIFICATE BY AUDITOR TO COMPANY Date of Consent & Certificate will be after the Date of Letter […]

Concept of Contemporaneous Documentation in Transfer Pricing

October 12, 2014 14630 Views 0 comment Print

Contemporaneous documentation means information, records and other documents which exist or brought into existence at the time the taxpayer is developing or implementing any arrangement that might raise transfer pricing issues. It is important that documentation on which assessee is placing reliance to establish arm’s length price should be the one which was available when […]

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