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Archive: 27 May 2015

Posts in 27 May 2015

Export condition fulfilled even if payment is received in Indian Rupees

May 27, 2015 35740 Views 8 comments Print

Whether the conditions of export of services under the erstwhile Export of Service Rules, 2005 is satisfied when the payment was received in Indian Rupees through a Foreign Bank, who have issued Foreign Inward Remittance Certificate?

Service U/s 143(2) – ‘Whether a Sword of Cooperation’

May 27, 2015 17267 Views 0 comment Print

The provisions concerning the recuperative and the penal statutes are always to be construed strictly and stringently as per the profuse principles of interpretative jurisprudence available and codified into analogous legislative spheres. In what can be called as a formal invitation to invoke the jurisdiction of the adjudicating and arbitrating authority

Companies (Amendment) Act, 2015

May 27, 2015 107354 Views 12 comments Print

The Companies (Amendment) Bill received the assent of the President on the 25th May, 2015 and published in official Gazette of India on 26th May, 2015 and became “THE COMPANIES (AMENDMENT) ACT, 2015. This Act shall come into force on 26th May, 2015 (Date as The proposed amendments deal with related party transactions, fraud reporting by auditors, public inspection of Board resolutions, responsibilities of audit committee, restrictions on bail, making common seal optional, requirement for minimum paid-up share capital, strength of benches for hearing winding up cases, jurisdiction of special courts to try offences.

How to Calculate Interest U/S 234 of Income Tax Act

May 27, 2015 3710 Views 0 comment Print

Interest u/s 234A is the Interest for default for Furnishing Return of Income u/s 139(1) or 139(4) or Return filed in response to notice u/s 142(1). 1.- CONDITIONS FOR LEVY OF INTEREST u/s 234A a) Where Return of Income (ITR) is not furnished by Assessee. b) Where Return of Income (ITR) is furnished by assessee after Due Date of furnishing Return specified u/s 139(1).

Detecting Fraud in Internal Audit

May 27, 2015 5787 Views 0 comment Print

As per The IIA: Internal auditors support management’s efforts to establish a culture that embraces ethics, honesty, and integrity. They assist management with the evaluation of internal controls used to detect or mitigate fraud, evaluate the organization’s assessment of fraud risk, and are involved in any fraud investigations.

Can ICDS override the express decisions of various courts

May 27, 2015 2365 Views 0 comment Print

Background-: 1. I am sure, you would be aware of the Income Computation and Disclosure Standard. This article is about the applicability of the ICDS. Issue-: 2. Can ICDS override the express decisions of honourable Supreme court and various high courts when there is no change in the basic ACT which defines meaning of income etc. […]

Restrictions on scope of Section 153A and Judicial pronouncements

May 27, 2015 6419 Views 0 comment Print

Introduction-: 1.    Search u/s 132 is the sharpest weapon in the hands of Income Tax Dept. Thus a sharpest weapon must be used with great care as well. The law, as developed, in relation to section 153A is with the SOLE objective to achieve the purpose of safeguarding the interest of revenue and the rights […]

Withholding Taxes – Applicable Section, Rules, Rates and Procedures

May 27, 2015 8132 Views 0 comment Print

Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest (not being interest referred to in section 194LB , 194LC or 194LD) or any other sum chargeable under the provisions of this Act (not being income chargeable under the head “Salaries” ) shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash , cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force.

Comparable which is to be considered as a benchmark for comparing with comparable company should belong to year under consideration

May 27, 2015 447 Views 0 comment Print

Punjab & Haryana High Court held in CIT Vs DSM Anti Infectives India ltd that the benchmark comparable which was used to compare with the comparable company that should be considered only of that year of which TP case was involved.

Conversion of Public Company to Private Company

May 27, 2015 11715 Views 0 comment Print

Doing Business in Corporate form gives various advantages such as limited liability, perpetual succession, access to external finance, enhanced Credibility , management expertise and many more. A Company may be public or private. Although Companies Act, 2013 has not differentiated between both in matter of Compliances to be done but still there are certain benefits to operate via private limited company.

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