"29 May 2015" Archive

ITAT pulls Up CA for Seeking to Intimidate It by using derogatory, defamatory and contemptuous Language

M/s. Mundra Woolen Mills (P) Ltd.Vs The ACIT (ITAT Jaipur)

he barrage of indiscriminate allegations include misuse of official position, corruption, insulting him and son: colluding with retired income tax officers to harm his client so on and so forth. The severity of accusations and fury emerging from their language is highly derogatory, defamatory and contemptuous, sent with a scheme and clear...

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Involuntary stay must be excluded from computation for purposes of Section 6(1)(a) of Income Tax Act

CIT Vs Shri Suresh Nanda (Delhi High Court)

While executive action resulted in his passport being unjustifiably impounded, this rendered if impossible for the assessee to leave India. He virtually became an unwilling resident on Indian soil without his consent and against his will....

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Reasons for initiating assessment u/s 147 should be recorded prior to issuance of notice u/s 148

Ferrous Infrastructure Pvt. Ltd. Vs DCIT (Delhi High Court )

The only question here is whether reasons could at all be recorded after issuance of the notice under Section 148 of the Act. And, secondly, that as the reasons were recorded after the issuance of Section 148 notice, whether the proceedings were not vitiated....

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Analysis of Companies Amendment Act, 2015

The Companies (Amendment) Bill 2014, introduced by Finance Minister Arun Jaitley, proposed as many as 21 changes in various provisions of the Act, which was passed by the previous UPA regime. This Bill received the approval of both Houses of Parliament and finally received the assent of the President of India on 25th of May, 2015....

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Posted Under: Income Tax |

HC has power to decide correct position of law on admitted facts before Settlement Commission

A holding company is not liable for provident dues of a Subsidiary Company. Workmen of subsidiary Company are not workmen of holding Company. It was held that holding company is not liable for wages of its subsidiary company which was under winding up....

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Posted Under: Income Tax |

Exam Tips And Commonly Mistakes Students Use to Do

1. Before Exam: Take a printout of Time-table and stick the same in your study room Arrange all study materials perfectly/ notes subject wise Have a concentrated study No more calls and contacts to friends who do not have exams Have a Winners’ mind Enough care of health No more traveling (to reduce unwanted accidents […]...

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Posted Under: Income Tax |

Service of notice generally – `Whether Aladin’s Lamp’

Service of notice, summon, intimation, requisition or order (by whatever name called) marks the very foundation and pedestal for the inception of any proceedings of whatever nature and by whatever name called and designated as the pinnacle and ace caveat for steeping into the shoes of legality. ...

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Posted Under: Income Tax |

Commencement Notification of Companies (Amendment) Act, 2015

S.O. 1440 (E) (29/05/2015)

S.1440(E).- In exercise of the powers conferred by sub-section (2) of section 1 of the Companies (Amendment) Act, 2015 (21 of 2015), the Central Government hereby appoints the 29th May, 2015 as the date on which the provisions of sections 1 to 12 and 15 to 23 of the said Act shall come into force....

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Companies (Share Capital and Debentures) Second Amendment Rules, 2015

Notification No. G.S.R. 439(E) (29/05/2015)

Provided that in case a company does not have a common seal, the share certificate shall be signed by two directors or by a director and the Company Secretary, wherever the company has appointed a Company Secretary: Provided further that, if the composition of the Board permits of it, at least one of the aforesaid two directors shall be a...

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Companies (Declaration and Payment of Dividend) Second Amendment Rules, 2015

Notification No. G.S.R. (E) (29/05/2015)

These rules may be called the Companies (Declaration and Payment of Dividend) Second Amendment Rules, 2015. (2) They shall come into force on the date of their publication in the Official Gazette. In the Companies (Declaration and Payment of Dividend) Rules, 2014, in rule 3, sub-rule (5) shall be omitted....

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