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Archive: 05 June 2015

Posts in 05 June 2015

Disallowance of bad debts in case of running account with the party is justified

June 5, 2015 911 Views 0 comment Print

ITAT Ahmedabad held In the case of Amar Enterprise vs. ITO that in the present case, the AO has demonstrated that the assessee has continued business transactions with the concerned party. It is also not disputed that the assessee has received payments from the concerned party.

Payment made in excess of Rs 20000/- should be allowed if made in business exigency

June 5, 2015 3303 Views 0 comment Print

ITAT held in Manikanta Concerns Vs DCIT that if the assesse had claimed deduction of shortage in weight or quality at the time of purchase then it did not mean that assesse could not claim deduction of shortage in weight or quality at the time of sale.

Exemptions to Government Companies U/s. 462 of CA 2013

June 5, 2015 40743 Views 0 comment Print

Certain provisions of the Companies Act, 2013, as specified in column (2) of the Table, shall not apply or shall apply with such exceptions, modifications and adaptations, as specified in column (3) of the said Table, to a Government company, namely

Sec. 54F exemption for deposit in saving a/c instead of capital gain a/c scheme

June 5, 2015 2255 Views 0 comment Print

In deciding the exemption u/s 54F in the case of Sri M.S. Lakshmana Rao vs. DCIT, Hyderabad Tribunal held that non-compliance to condition of depositing sale proceeds in capital gain account scheme as required u/s 54 will not be so fatal to debar the assessee from getting benefit of section 54F.

CBDT issues instructions on Suspension based on SC Judgment

June 5, 2015 1329 Views 0 comment Print

In the case of Shri Ajay Kumar Choudhary Vs. Union of India. Hon’ble Apex Court has laid down the following principles in para 14 of the judgment: – a) The direction of the Central Vigilance Commission that pending a criminal investigation, departmental proceedings are to be held in abeyance, is now superseded. b) The currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Charge sheet is not served on the delinquent officer/employee.

SEBI: Database for Distinctive Number (DN) of Shares

June 5, 2015 11199 Views 0 comment Print

CIRCULAR No. CIR/MRD/DP/10/2015 Date- June 05, 2015 In order to ensure centralised record of all securities, including both physical and dematerialised shares, issued by the company and its reconciliation thereof, it has been decided that the Depositories shall create and maintain a database of distinctive numbers (DN) of equity shares of listed companies with details of DN in respect of all physical shares and overall DN range for dematerialised shares.

For claiming deduction u/s 54F mere bank statement showing withdrawal of amount is not sufficient

June 5, 2015 672 Views 0 comment Print

ITAT Hyderabad held in Shri M.S Lakshmana Rao Vs DCIT that if the assesse had not deposited the capital gain amount under the capital gain account scheme in bank then the assesse should not be barred of the exemption of sec 54

DGFT extends last date for submitting applications for entitlement as PSIA

June 5, 2015 2254 Views 0 comment Print

The last date for submitting the applications for entitlement as PSIA has been extended. Applicants can, for the time being, submit applications initially without bank guarantee. However, they shall be required to submit bank guarantee or an equivalent financial instrument before they are notified as PSIA.

Procedure for Conversion of Company into LLP

June 5, 2015 7298 Views 2 comments Print

Requirements for conversion into LLP Consent of all shareholders should be obtained for conversion into LLP. All the existing shareholders of the company become the designated partners of the LLP in order to save tax. Latest copy of Income tax return is to be filed with ROC. Consent of all creditors of the company is needed. No prosecution should have been initiated under the Companies Act.

Shortage on sales allowable despite Shortage claim at the time of Purchase

June 5, 2015 1354 Views 0 comment Print

In the case of Manikanta Concerns vs. DCIT, ITAT Hyderabad held that the shortage at the time of purchase and the shortage at the time of sale are two different issues and it cannot be said by any stretch of imagination that once the assessee has claimed shortage at the time of purchase

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