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Archive: February, 2015

Posts in February, 2015

Form No. GNL-4 for filing addendum for rectification of defects or incompleteness notified

February 25, 2015 30487 Views 0 comment Print

Earlier the Ministry of Corporate Affairs (‘MCA’) had released various e-Forms by the Companies (Registration Offices and Fees) Amendment Rules, 2014 vide Notification No. G.S.R. 297(E) dated 28 April 2014 with effect from 28 April 2014. The MCA has made further amendment in Rule 10 by the Companies (Registration Offices and Fees) Amendment Rules, 2015 vide Notification dated 24 February 2015.

Assessee not prohibited from paying tax on services exempted under a notification

February 25, 2015 2630 Views 0 comment Print

M/s Deloitte Haskins and Sells (the Appellant) is a firm providing services of practising Chartered Accountant and Management Consultancy services to clients in India and abroad. The Appellants were operating from the different locations, each with a separate Service tax registration number and the accounting operations were carried out from Worli address (registered unit).

No extended period if demand arose out of correct figures shown in ST-3 Returns

February 25, 2015 1622 Views 0 comment Print

The Hon’ble CESTAT, Ahmedabad, relying on the decision in the Meghmani Dyes case, held that if prescribed Returns are filed by Assessee giving correct information, then extended period of limitation cannot be invoked.

Furnishing of audit report is directory and not mandatory

February 25, 2015 2267 Views 0 comment Print

Finding of the AO that in the absence of audit report, the enhanced claim is not maintainable over looks this factual position. It is undisputed that audit report for the enhanced claim had been furnished during the impugned 153A assessment proceedings along with Profit and Loss account and Balance sheet duly certified by the Accountant.

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

February 25, 2015 1553 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 2486 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 1648 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 2574 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 1057 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 38217 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 […]

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