"14 January 2015" Archive

MVAT: Due date for filing form e-704 has extended to 30.01.2015

Trade Circular No. 2 T of 2015 (14/01/2015)

The representations, as aforesaid, have been examined by the Finance Department, Government of Maharashtra and after careful consideration of the same, has decided to extend the due date for submission of the Audit Report in Form 704 for the year 2013-14 to 30th January 2015....

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s. 50C – Circle-rate prevailing on the date of execution of sale deed is relevant & not the rate on registration date

ITO Vs Modipon Ltd (ITAT Delhi)

Assessee sold the land vide registered agreement dated 27th May 2004, for consideration of Rs.2,62,08,000/- and on the said date the circle rate was Rs.13,000/- per sq meter. However, on the date of registration of sale-deed, i.e. 16th September 2004, the circle-rate enhanced to Rs.20,000/- per sq meter....

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SARFAESI ACT – What is legally recoverable debt?

The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were enacted by the Government to be exclusively used for the recovery of debts of Banks and Financial Institutions....

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Employees' contribution to PF is eligible for Deduction U/s. 43B

ITO Vs Indore Steel and Iron Mills Ltd (ITAT Mumbai)

Whether the deposit by the assessee­ of the employee’s contribution to the Employees Provident Fund (EPF) or to the Employees State Insurance Corporation (ESIC), i.e., as an employer, after the respective due dates, i.e., under the respective Acts, where-under both the employee and the employer are obliged to contribute a sum, reckoned...

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How to Issue Preference Shares Under Companies Act,2013

Procedure for Issue of Preference share is given under Section-62 of Companies Act, 2013. Issue of share can be in three modes: 1. Right Issue of Shares [Section- 62(1) (a)] 2. Preferential Allotment of Shares. [Section- 62(3) (c) and Section-42] 3. Private Placement of Shares. [Section-42)...

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Amount received under POA cannot be treated as income of receiver

Sannidhi C. Patel Vs ITO (ITAT Mumbai)

The assessee was given a sum of Rs.25 lakh by Ustad Zakir Hussain (an eminent Tabla Artist) in pursuance of a general Power of Attorney dated 01st March, 2002, for the purpose of making investment with HSBC Bank, portfolio management scheme on his behalf....

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Role of IT Sector is Crucial to Promote E-Governance – FM

FM: Role of IT Sector is Crucial in Order to Promote E-Governance for Empowering Citizens; to Promote the Inclusive and Sustainable Growth of the Electronics, IT and ITeS Industries and Enhancing India’s Role in Internet Governance...

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Hedging under Past Performance Route -Certificate from Statutory Auditor

RBI/2014-15/401 A.P. (DIR Series) Circular No.58 (14/01/2015)

A certificate from the Statutory Auditor of the customer that all guidelines have been adhered to while utilizing this facility; and A certificate of import/export turnover of the customer during the past three years duly certified by their Statutory Auditor in the format given in Appendix K....

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Exclusion of Comparables merely based on Turnover Filter without FAR Analysis?

The issue is no longer res integra as it has been decided by Hon’ble ITAT Banglore in case of M/s Yahoo Software Development India Pvt Ltd vs DCIT (ITA No. 1129/Bang/2010) pronounced on 31st December 2014. In the instant case, the Assessee filed an appeal against the order of the Learned AO and pleaded that...

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