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Archive: December, 2014

Posts in December, 2014

Review of Accredited Clients Programme (ACP) – Reg

December 22, 2014 1595 Views 0 comment Print

Board has received a number of representations from the ACP clients whose ACP status has either been withdrawn or not extended on account of them having been served a show cause notice in terms of the amended para 7(iii) of the said Circular dated 24.11.2005.

CAG Reports non-adherence to Income Tax provisions by CAs

December 21, 2014 5507 Views 0 comment Print

We found cases (a) where the CAs failed to report full and correct information in 367 cases leading to short levy of taxes of Rs. 2,813.11 crore and (b) where the AOs failed to utilize the information available in 102 reports/certificates submitted to them leading to short levy of taxes of Rs. 1,310.05 crore.

Receipt from the sale of carbon credit certificates:- Whether Capital receipt or revenue receipt?

December 21, 2014 3983 Views 0 comment Print

Carbon Credit is not an offshoot of business but an offshoot of environmental concerns. No asset is generated in the course of business but it is generated due to environmental concerns. We agree with this factual analysis as the assessee is carrying on the business of power generation.

Harassment of Assessee Intolerable- Warns the Courts

December 21, 2014 13046 Views 0 comment Print

Courts warn against the intolerable harassment of assesses by Revenue Officers. Learn about recent cases and the measures taken to protect the interests of assesses.

ITAT hauled up AO and DRP for ‘Blatantly frivolous & unsustainable’ additions

December 21, 2014 2254 Views 0 comment Print

Learned counsel for the assessee submitted that it is a case of frivolous double addition on deliberate misconception of the facts. He took us through the year-end financial statements of the assessee and its computation of income to demonstrate that the impugned addition

Strong suspicions/ coincidences & grave doubts cannot substitute legal proof

December 21, 2014 2015 Views 0 comment Print

In the instant case, there is absolutely no legal evidence on the record to prove the secret books of account, the seizure of which was effected by or under the order of the Inspecting Assistant Commissioner were recovered from a place which formed part of the business premises of the respondents or. was in their exclusive possession and control.

Seizure of goods cannot be made on mere presumption

December 21, 2014 3491 Views 0 comment Print

It is settled principle of law that seizure can not be made merely on presumption. There must be a material to show that the Section 52 Rule 58 or the procedure prescribed in the circular issued by the Commissioner has been violated.

FEMA Provisions and Opportunities for CAs

December 21, 2014 11397 Views 0 comment Print

Dikshit Kapoor Introduction The Foreign Exchange Management (1999) or in short FEMA has been introduced as a replacement for earlier Foreign   Exchange Regulation Act (FERA), 1973. FEMA came into force with effect from 1st June, 2001. This Act Extends to Whole of India and Branches, offices & agencies   outside   India owned or controlled by a […]

Pay Compensation for illegal detention of goods by VAT Department : HC

December 20, 2014 1564 Views 0 comment Print

It is undisputed that the sole basis for detention of the tanker in question and seizure of the bitumen by the Respondent No.4 was the information collected by him from the toll plaza which revealed that last four digit of the registration number of the tanker in question was similar

Renting Vs Hiring By Uttrakhand High Court

December 20, 2014 7765 Views 0 comment Print

The main thrust of the present article is to analyse the landmark judgment given by the Hon’ble Uttrakhand High Court recently, in the case of Commissioner of Customs & Central Excise Vs Sachin Malhotra, Raj Kumar Taneja, and M/s Shiva Travels [2014-TIOL-2039-HC-UTTRAKHAND-ST] wherein the difference between renting and hiring has been reported for the purpose of levying service tax under the category of Rent a cab services.

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