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Archive: December, 2014

Posts in December, 2014

Decision of special bench is to be followed by other benches unless reversed by High Court

December 28, 2014 3840 Views 0 comment Print

From the clarification issued by the Hon’ble High Court, it is clear that until and unless the decision of Marilyn Shipping & Transport (supra) is reversed by the Court, it is binding on all the benches of the Tribunal.

Despite stay Special Bench Judgment in Merilyn Shipping binds smaller benches of Tribunal

December 28, 2014 1008 Views 0 comment Print

We find that the learned Tribunal taking note of the pendency of the appeal in this Court, preferred by the Revenue against the decision of the Special Bench of the Tribunal in M/s. Merilyn Shipping & Transport in I.T.A. No.477/Viz/2008 dated 29-03-2012, directed the Assessing Officer to re-decide the issue after the disposal of the appeal by this Court.

Books of accounts cannot be treated as defective without pointing out the defects

December 28, 2014 2264 Views 0 comment Print

The first issue relates to rejection of books of account and estimation of profit. The assessee is a private limited company and it has got its account audited under the provisions of Companies Act, 1956. The assessee has stated that it was following cash system of accounting.

Tax Audit Limit is arbitrary & Unconstitutional – HC

December 28, 2014 4411 Views 5 comments Print

All the auditors cannot be placed on an equal footing and an assumption cannot be made that an auditor would be able to fulfil his obligations only up to 30 tax audit assignments under section 44AB of the Income-tax Act, per financial year.

Tax Audit Puzzles- Arbitrary Limit & CAG Report

December 28, 2014 9440 Views 0 comment Print

The Comptroller and Auditor General Report no. 32 of 2014 has taken the list of Chartered Accountants who have signed tax Audit cases under Income tax Act of more than 400 during FY 2012-13 and there are 22 people in the list.

Forensic Accounting: An Emerging Sector

December 28, 2014 5657 Views 0 comment Print

Introduction- With an upsurge in financial accounting fraud in the global economy, forensic accounting has become an emerging topic of great importance for academic, research and industries. Forensic accounting is perceived to have evolved in response to certain emerging fraud related cases. The scandals that shocked the corporate world with classical examples being the often […]

Proposed GST – Still Miles Away

December 28, 2014 2810 Views 0 comment Print

The Union Government in third week of December, 2014 (19 December, 2014) introduced Constitution (122 Amendment) Bill, 2014 in Parliament which when passed shall pave the way for introduction of proposed Goods and Service Tax (GST) in India.

PM nominates ICAI for Swachh Bharat Abhiyaan

December 28, 2014 1409 Views 0 comment Print

Hon’ble Prime Minister Shri Narendra Modi Ji has nominated ICAI for the Swachh Bharat Abhiyaan during his visit to Varanasi to mark Good Governance Day on 25th December 2014.

ITAT Should Not Dispose Appeals In light hearted or casual manner

December 28, 2014 1156 Views 0 comment Print

The Tribunal should pass a fresh order not only in relation to the objection raised by the Assessee to the exercise of powers under section 263 of the IT Act, but on the merits of the claim as well. Merely because such an opportunity is given by us does not mean that the Tribunal is obliged

Section -40(a)(ia) ITAT benches cannot overrule Special Bench Judgment in Merilyn Shipping

December 28, 2014 3758 Views 0 comment Print

As per the AO the assessee did not file any details in this regard. Referring to the provisions of section 40(a)(ia) of the Act, he held that the assessee had defaulted in not deducting TDS as per the provisions of section 194C and 194J of the Act, that as per the provisions of section 40(a)(ia) of the Act the amount on which tax was deductible was not deducted or not paid within the time allowed

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