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Archive: June, 2015

Posts in June, 2015

Exemption to Section 8 Companies from provisions of CA 2013

June 17, 2015 100955 Views 7 comments Print

Under the Companies Act, 1956, the Companies registered u/s the erstwhile Section 25 of the said Act (Section 8 under the Companies Act, 2013) enjoyed certain privileges by means of non applicability of certain specific provisions of the Companies Act, 1956. With the introduction of the Companies Act, 2013, these exemptions had stood withdrawn and these Companies were also being treated on par with any other Public or Private Company barring minimal reliefs which were granted in the Act itself, like relief in not affixing the word Private Limited or Public Limited in their name.

Current year income can’t be disturbed on account of difference in opening balance

June 17, 2015 3649 Views 0 comment Print

Lower authorities have overlooked the principle that the opening balance cannot be disturbed this year. The authorities can only reopen for the earlier year. In another case ACIT Vs. Smt. N. Sasikala (2005) 92 TTJ (Chennai) 119 it was held that If the Department doubted the availability of cash balance, it can go to the concerned assessment year 1990-91

Functionally Different Companies can’t be compared under transfer Pricing

June 17, 2015 1558 Views 0 comment Print

In the present case the Hon’ble Tribunal held that assessee can’t be compared with other companies when they are totally different in functions. Also, the Intellectual property Rights, Brand Value have to be seen while making comparisons under Transfer Pricing.

Forex gains are eligible for deduction u/s 10B

June 17, 2015 2171 Views 0 comment Print

In the present case the Hon’ble Tribunal held that the Forex gains or losses after the sale receipts would be treated as an amount which will be eligible for deduction under section 10B. On the second issue

Your Guide to a Beautiful Tomorrow

June 17, 2015 4258 Views 0 comment Print

‘Tomorrow’ can be an uncertain word or it can be full of possibilities for Happiness. It all depends on how we plan our future, especially our finances. The idea of travelling back and forth in time, whether to undo some action or with the curiosity attached to different situations excites anyone and everyone. But hey, wouldn’t we all love to look back at ourselves 20 years from now and be glad about taking certain steps?

Additions not valid merely on the ground of fall in GP ratio, if books of account are accepted by AO

June 17, 2015 3435 Views 0 comment Print

Assessee, a partnership firm, was engaged in the business of manufacturing of enameled wire, submersible wire, bare copper wire etc. Assessee filed its return of income related to AY 2009-10 declaring gross loss of (-)3.65% against the total turnover of Rs.590703526/- with net loss of Rs.36385885/-

Designated Court for Search / Seizure & Special Court for Securities Laws

June 17, 2015 964 Views 0 comment Print

In exercise of the powers conferred by sub-section (8) of Section 1 1C and Section 26A of the Securities and Exchange Board of India Act, 1992, Section 26A of the Securities Contracts (Regulation) Act, 1956 and Section 22C of the Depositories Act, 1996.

Jurisdictional CIT can take decision of not filing appeal in HC on his own

June 17, 2015 964 Views 0 comment Print

In stations having more than one CCIT, the decision to file an appeal before the High Court will be taken by two CCsIT including the CCIT in whose jurisdiction the matter lies. The Principal CCIT concerned may issue directions for pairing of CCsIT for this purpose. In case of disagreement between the two CCsIT, the matter will be referred to the Principal CCIT.

TDS computation if employee receives Salary from two employers

June 17, 2015 86483 Views 7 comments Print

Cases where an employee work under two employer in a single financial year Normally an employee is employed under employer during whole financial year and thus no problem arises in deduction of TDS from salary. In this case all information relating to income of employee is readily available with employer and computation task is easy […]

Peak credit theory for addition to income is applicable when deposit in bank account is out of cash withdrawals

June 17, 2015 9903 Views 0 comment Print

Peak credit theory will be applicable only when there are deposits in cash and withdrawals in cash. In the instant case when the deposits are made in cash and most of the withdrawals are by way of clearing and not cash withdrawn, therefore, the theory of peak credit is not fully applicable to the facts of this case.

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