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Archive: 25 February 2015

Posts in 25 February 2015

S. 68 No Addition if Assessee discharges initial onus casted on him

February 25, 2015 1496 Views 0 comment Print

Assessee had declared an income by filing its return. The said return was selected for scrutiny through CASS on the basis of AIR. Assessment u/s 144 was made, resulting in an addition of Rs. 28,50,000/- as the assessee was found to have failed to explain the source of investment.

Necessity for a separate law for all Tax Practitioners in India

February 25, 2015 2273 Views 0 comment Print

We submit that on account of certain judicial decisions, some kind of uncertainty coupled with unrest has cropped up amongst a particular class of professionals practising in tax laws by virtue of the licenses / registrations granted in favour of the practitioners by the central / State governments in exercise of the powers under the respective enactments to say Income Tax Act 1961 authorized issuance of license in favaour of Income Tax Practitioners and State Sales Tax law or VAT Acts have provided suitable provision for licensing the Practitioners.

Section 10A exemption- Approvals given by Directors of STPI is valid

February 25, 2015 1585 Views 0 comment Print

Assesee claimed deduction of Rs. 1.33 crores under Section 10A of the Act. On being called upon to explain about the eligibility of deduction, the assessee stated that it was entitled to deduction in view of fulfillment of all the requisite conditions as prescribed under Section 10A.

Death of Authorised representative not sufficient cause for delay in Appeal Filing

February 25, 2015 2472 Views 0 comment Print

Madhu Dadha Vs. ACIT (2009) 317 ITR 458 (Mad)- In the present case, the appeal has been filed after a delay of 558 days. From the contents of the affidavit and submissions of the learned counsel for the assessee, it is clear that the assessee has not explained the delay for such a long

CBEC Offices to be open today

February 25, 2015 1018 Views 0 comment Print

The Union Government is presenting its Annual Budget 2015-16 on 28th February, 2015, which falls on Saturday. As it may not be a working day in certain offices, it is desired that all the offices of CBEC/field formations may remain open on that day, so that the changes made in the Budget and their impact on revenue can quickly be examined and analysed by the field formations so as to guide the trade properly and to bring to the notice of the Board any difficulties/anomalies etc. noticed in the tax proposals.

Applicability of Indian Accounting Standards (Ind AS)

February 25, 2015 38058 Views 0 comment Print

CA Mayank Parekh With accounting having become the global language of business, the convergence with International Financial Reporting Standard (‘IFRS’) is the need of the hour as an economic imperative for India. The Finance Minister Shri Arun Jaitley announced in his maiden Budget speech that Indian Accounting Standards Converged with IFRS are to be adopted in […]

Need to Expand Tax Base and Improving Tax Compliance

February 25, 2015 3152 Views 0 comment Print

Central Excise Day Celebrated; MoS(Finance) Shri Jayant Sinha Emphasizes that There is Urgent Need to Enhance the Tax to GDP Ratio in India as Well as Expanding the Tax Base and Improving the Tax Compliance; Exhorted the Officers to Work on Innovative Ideas to Facilitate Starting and Doing a Business The Minister of State for […]

Composite Show cause Notice – Apportionment of liability based upon past figures?

February 25, 2015 1126 Views 0 comment Print

Modern Industrial Enterprises (MIE) and Florida Electrical Industries Ltd. (FIEL) (collectively referred to as ‘the Assessees’ were subject to independent search operations by the Central Excise Authorities on September 22, 2001

Cenvat credit cannot be denied at the end of recipients of goods, on the premise that higher duty been paid by manufacturer

February 25, 2015 1300 Views 0 comment Print

The Hon’ble Supreme Court in the case of MDS Switchgear Pvt. Ltd. [2008 (229) ELT 485 (S.C.)], has held that Cenvat credit cannot be denied at the end of the recipients of the goods on the premise that higher duty has been paid by the manufacturer.

Subsequent reversal of Cenvat credit initially availed but not utilized, tantamount to non-availment of Cenvat credit

February 25, 2015 1411 Views 0 comment Print

Hon’ble Apex Court judgment in the case of Chandrapur Magnet Wire (P) Ltd. Vs. CC, Nagpur [1996 (81) E.L.T. 3 (S.C.)], held that since the Cenvat credit initially taken was reversed without being utilised by the Assessee, it is to be treated as if the Assessee has not taken the Cenvat credit and hence, would be eligible for the exemption benefit under the Exemption Notification.

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