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Archive: 27 June 2015

Posts in 27 June 2015

Questionnaire on FLA Return (Foreign Liabilities And Assets)

June 27, 2015 20856 Views 0 comment Print

Q.1 Which Companies Are Eligible Are Eligible To File FLA Return? A: The Annual return of foreign liabilities and assets ( FLA) is required to be submitted by all the Indian Companies which have received FDI and /or made FDI abroad in the previous year (S) including the current year i.e. who holds foreign assets or liabilities in their Balance sheets.

Service tax SCN, that fails to identify specific taxable service is liable to be Quashed

June 27, 2015 5990 Views 0 comment Print

In the entirety of the show cause notice there is not a single assertion proposing to levy and collect service tax on the basis of any specified taxable services allegedly rendered by the appellant except the several alternative taxable services speculated to have been provided.

Applicability Of Cash Flow Statement to Private Companies under Companies Act, 2013

June 27, 2015 360405 Views 20 comments Print

The Company act 1956 didn’t include cash flow statement in the Definition of Financial statement. The Applicability of Cash Flow Statements governed by the Companies (Accounting Standards) Rules, 2006. Enterprises which fall in any one or more of the following categories, at any time during the accounting period, are classified as Level I enterprises:

Important point to be consider in-case directors having frequent visit outside India

June 27, 2015 1510 Views 0 comment Print

As per Sec 149(3) of the companies Act 2013 – Every company shall have at least one director who has stayed in India for a total period of not less than one hundred and eighty-two days in the previous calendar year. This provision applies to all Companies including private companies.

Interest Income due to delay in actual start of Project is assessable as Income from other sources

June 27, 2015 1166 Views 0 comment Print

The test to decide, as to whether the income is revenue in nature or capital receipt, is that if the funds borrowed are just surplus and by virtue of that circumstances they are invested in fixed deposits the income earned in the form of interest will be taxable under the head ‘Income from other sources’ [as per ratios of SC decision in 227 ITR 172].

When order in quantum has been decided in favour of assessee penalty cannot be levied u/s 271(1)(c)

June 27, 2015 1748 Views 0 comment Print

Though in these case the appeal in quantum was decided in favour of the assessee and thereby penalty u/s 271(1)(c) was deleted, there are also cases where the appeal in quantum was decided by Tribunal against the assessee and the appeal was pending before High Court for disposal but High Court had admitted the appeal, even in that case, it was decided by Delhi Tribunal that penalty u/s 271(1)(c) cannot be levied being debatable issue

TDS claimed by the assessee can be treated as income of the assessee if the same has been taxed on substantive basis

June 27, 2015 1766 Views 0 comment Print

Protective assessment made by the Assessing Officer in the present case cannot be sustained because substantive addition has been made in the hands of IBN-18 Broadcast and therefore, if any addition is made in the present case, it will amount to double addition.

Allowability of deduction U/s. 80IB(10) on construction of units more than the permitted

June 27, 2015 1203 Views 0 comment Print

The assessee has filed its return of income on 31-12-2006 declaring total income at Rs. Nil. The assessee had claimed deduction at Rs. 1,91,400/- u/s. 80IB(10) of the income tax act. The Point of issue was the assessee has carried out the construction in violation of the original plan passed by AUDA and therefore violated the condition of section 80IB(10).

Impact of Service Tax on Uber, Ola!!

June 27, 2015 31627 Views 6 comments Print

The dawn of Cab aggregators Uber, Ola, etc.., has been seen in India in recent times, but the laws pertaining to service tax in the aggregators model of service was in gray. The aggregator model of service is new in India and there has been a lack of clarity about service tax rules that must apply toward Uber, Ola, etc…

CBDT notifies Nature of business relationship with Clients which CA can have

June 27, 2015 3821 Views 0 comment Print

(i) commercial transactions which are in the nature of professional services permitted to be rendered by an auditor or audit firm under the Act and the Chartered Accountants Act, 1949 (38 of 1949) and the rules or the regulations made under those Acts; NOTIFICATION NO. 50/2015-INCOME TAX, Dated: June 24, 2015

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