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Archive: January, 2015

Posts in January, 2015

Service Tax on Hiring expatriate employees of Foreign Group Companies under a contract of employment

January 7, 2015 4208 Views 0 comment Print

Sciences Corporation India (P.) Ltd. (the Assessee) is a part of a Group of Companies situated in US, UK and Singapore among other countries The Assessee in the course of its business operations hired certain expatriate employees overseas.

Services received by SEZ prior to commencement of authorized operations eligible for exemption/ refund

January 7, 2015 1045 Views 0 comment Print

Zydus Technologies Ltd. (the Assessee) filed a refund claim of Rs. 1,75,53,497/- for the services received by Special Economic Zones/ Developers (SEZ) vide application dated May 31, 2010 in terms of the Notification No. 9/2009-ST dated March 3, 2009

ITAT quashes 263 order on issue of shares at high premium

January 7, 2015 3419 Views 0 comment Print

On the issue of share premium money and unsecured loan, the Commissioner held that the order of the Assessing Officer suffers from several defects as the Assessing Officer has not raised any question while recording the statement with respect to the credentials of the applicant companies

RBI Revises Format of Certification of Agency Commission Claims by Bank Branch by External CA Auditors

January 7, 2015 729 Views 0 comment Print

he certificate to be furnished by the auditors has since been slightly amended. The agency commission claims submitted to our Regional Offices and Central Accounts Section, Nagpur may henceforth be accompanied by a certificate as per the revised format enclosed.

Powers & Duties of auditors and auditing standards

January 7, 2015 4176 Views 0 comment Print

Section 143 Powers and Duties of auditors and auditing standards (Relevant Rule 11, 12, 13 of The Companies (Audit and Auditors) Rules, 2014). 1. Auditor have right to access – books of accounts and vouchers of the co. and all its subsidiaries, if any, in relation to Consolidation of Financial Statement – wherever situated

Deuctibility of Cost of Furniture in Computation of Capital Gain on Property Sale

January 7, 2015 30236 Views 0 comment Print

Issue which arises for our consideration is whether Rs. 12 lakhs paid by the appellant assessee to the seller at the time of purchase of the property in question must be construed as a cost of acquisition of the asset so as to be deducted from the full value of consideration received by the appellant assessee at the time when he had sold and transferred the property in question.

How to Register as AMFI Registered Mutual Fund Advisors (ARMFA)

January 7, 2015 43535 Views 22 comments Print

All AMFI/ NISM Certified Intermediaries engaged in marketing and selling of Mutual Fund schemes are required to be registered with AMFI after passing AMFI/ NISM Certification Test. The Mutual Funds will not be able to deal with intermediaries who are not registered with AMFI and obtained ARN.

How to Change registered office under Companies Act, 2013

January 7, 2015 242147 Views 18 comments Print

Notice of every change in the registered office of the company is to be filed with the ROC in form INC-22 within 15 days of such change. For the purpose of verification of the situation of the registered office or the verification of change in the registered office of the company, the Govt. has prescribed rule 25 & 27 of the Companies (Incorporation) Rules, 2014

Appeal to HC Not Maintainable against a Decree of Tribunal i.e. CESTAT

January 6, 2015 1393 Views 0 comment Print

Advocate Anandaday Misshra Recently, Honourable  High Court of Allahabad in Central Excise Appeal  No. – 444 of 2010 of Commissioner, Central Excise, Meerut-I, Versus  M/S Suraj & Company, reported in 2014(36) S.T.R.1252(All.) held that an appeal to High Court is not maintainable against an order of Tribunal which is itself Passed With Consent of both the parties […]

Search & Seizure Under Service Tax

January 6, 2015 9858 Views 0 comment Print

The power to search the premises of the service providers are contained in section 82 of the Finance Act, 1994 which deals with provisions relating to search and seizure of articles, documents etc, as a consequence of search. Search and seizure provisions contained in tax statutes are provided to act as a restraint on evasion of taxes. Such powers are within the constitutional frame work and cannot be considered as violative of Article 19 of Constitution of India.

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