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Archive: 23 February 2015

Posts in 23 February 2015

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 6561 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

Assessment which attained finality cannot be disturbed unless incriminating material found during search

February 23, 2015 2009 Views 0 comment Print

Learned counsel submitted that during the course of search and seizure action, no incriminating document, material or unaccounted assets were found from the assessee. Even for the year of search i.e. A.Y. 2008-09, no addition has been made.

ITAT explains Difference between Section 271(1)(c) and 271AAA

February 23, 2015 4509 Views 0 comment Print

The only issue arising in the instant appeal is the maintainability or otherwise in law, and in the facts and circumstances of the case, of the deletion of the penalty levied u/s.271AAA of the Act by the ld. CIT(A) vide his impugned order, which is in fact a combined order for A.Ys. 2004-05, 2008-09 and 2009-10.

MVAT Notification under Sch. Entry D-5 and D-10

February 23, 2015 949 Views 0 comment Print

In pursuance of the powers conferred by clause (a) of entry 10 of Schedule ‘ D ‘ Appended to the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra hereby notifies with effect from the 1st March 2015, the area and the period as shown in column (2) and column (3), respectively of the Schedule appended herewith, to be area and period covered for the purpose of clause (a) of the said entry 10, namely.

Section 43(5) Derivatives include foreign currency call option and put option

February 23, 2015 2419 Views 0 comment Print

While perusing the profit and loss account of the assessee, the AO noticed that the assessee has claimed a loss of Rs.93,63,235/- on account of loss on foreign currency futures. The AO was of the strong belief that the loss cannot be allowed in the light of the provisions of section 43(5) of the Income Tax Act, 1961 (the Act) r.w. clause (ac) of section 2 of the Securities Contracts (Regulation) Act 1956.

Statutory reserve created u/s 45-IC of RBI Act cannot be excluded from book profits

February 23, 2015 30813 Views 1 comment Print

Issue – Whether on the facts and in the circumstances of the case the Tribunal in computing book profit under Section 115JB was justified in confirming the addition of Rs. 9,80,00,000/- transferred to the special reserve pursuant to the provisions of Section 45-IC of the Reserve Bank of India Act, 1934 under Clause (b) of the Explanation to Section 115JB

New ruling no ground for reviewing a previous judgment when litigant has taken a decision not to pursue further proceedings

February 23, 2015 406 Views 0 comment Print

The issue which falls for our consideration is whether the applicant has shown sufficient cause so as to become entitled for condonation of delay of five years in preferring the appeal against the order dated 31.10.2008 passed by the Tribunal.

Success Fees paid to Non-resident Company is ‘fees for technical services’ and withholding tax provisions applicable

February 23, 2015 1852 Views 0 comment Print

It is evident that fee which has been named as ‘success fee’ by the assessee has been paid to the NRC. It is to be seen whether the payment made to the non-resident would be covered under the expression “fee for technical service” as contained in Explanation (2) to Section 9(1)(vii) of the Act.

SC Nullifies Bombay HC Verdict on full & true disclosure of material facts

February 23, 2015 1004 Views 0 comment Print

Learned counsel for the assessee seeks permission to withdraw this Special Leave Petition in view of the fact that assessee’s appeal, bearing No. IT No.63/2012-2013 is pending before Commissioner of Income-tax (Appeals) against the Order of re-assessment dated 29th May, 2012.

National Pension System Trust launches new website

February 23, 2015 1403 Views 0 comment Print

New Website of National Pension System Trust Launched; To Provide Proper and Effective Information Dissemination to the Stakeholders and Provide Ease of Access to Various Beneficiaries Under NPS The National Pension System Trust has been set-up and constituted by Pension Fund Regulatory Development Authority (PFRDA) for taking care of the assets and funds under the […]

Exposure Draft: Classification of Liabilities (Proposed amendments to IAS 1)

February 23, 2015 634 Views 0 comment Print

Exposure Draft published by the International Accounting Standards Board (IASB) for comment only. Comments on the Exposure Draft need to be received by May 10, 2015. The International Accounting Standards Board (IASB) has published this Exposure Draft of proposed amendments to IAS 1 Presentation of Financial Statements to address:

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